UNIVERSAL CARGO MANAGEMENT INC.
ORIGINAL TITLE PAGE
TARIFF NO. 004
--------------------------------------------------------------------------------------------------------------------- -----------FMC No.: 010821-004
Non-Vessel Operating Common Carrier
Effective Date: 17NOV2011
Published Date: 17NOV2011
Expiration Date:
--------------------------------------------------------------------------------------------------------------------------------Controlled Carrier Status: N
--------------------------------------------------------------------------------------------------------------------- ------------
TITLE PAGE
TARIFF NO. 004
Governing Rules Tariff
NAMING RULES AND REGULATIONS ON CARGO MOVING
IN CONTAINERS AND BREAKBULK
BETWEEN
U.S. PORTS AND POINTS
(AS SPECIFIED IN RULE 1)
AND
WORLD PORTS AND POINTS
(AS SPECIFIED IN RULE 1-A)
--------------------------------------------------------------------------------------------------------------------------------UNIVERSAL CARGO MANAGEMENT INC. is a Non-Vessel Operating Common Carrier (NVOCC)
licensed with the Federal Maritime Commission (FMC) operating under FMC number 010821N.
--------------------------------------------------------------------------------------------------------------------------------NOTICE TO TARIFF USERS
Carrier has opted to be exempt from tariff publication requirements pursuant to 46 C.F.R. §520 and 532. In
that respect Carrier has opted for exclusive use of Negotiated Rate Arrangements (“NRAs”).
NVOCC NRA means the written and binding arrangement between an NRA shipper and eligible NVOCC
to provide specific transportation service for a stated cargo quantity, from origin to destination on and after
receipt of the cargo by the Carrier or its agent (originating carrier in the case of through Transportation).
Carrier shall issue quotation sheets, booking confirmations, e-mail communications and other writings
(collectively “the writings”) which will constitute an offer by Carrier to Shipper for transportation services
pursuant to 46 C.F.R. §520.13 and §532. The terms contained in the writings shall be a valid offer for thirty
days from the booking date, unless otherwise rescinded by the Carrier prior to receiving Shipper’s cargo.
Carrier's or Carrier's agent's receipt of cargo for this shipment constitutes acceptance by Shipper of this
offer, and the terms of the NRA shall bind the parties.
All origin and destination local charges apply whether or not included in this Rules Tariff.
Rates may not be modified in an NRA after the time the shipment is received by the Carrier or its agent
(including originating carriers in the case of through transportation.
------------------------------------------------------------------------------------------------------------------------------PUBLISHED BY:
UNIVERSAL CARGO MANAGEMENT INC.
10825 WASHINGTON BLVD
CULVER CITY, CA 90232
PUBLISHING OFFICER: SHIRLEY BURKE
EMAIL: shirley@universalcargo.com
TEL: 310-216-4024 EXT 13
FAX: 310-216-4022
1
TARIFF DETAILS
Tariff Number:
TARIFF TITLE:
EFFECTIVE:
THRU:
EXPIRES:
PUBLISH:
AMENDMENT TYPE:
ORIGINAL ISSUE:
WEIGHT RATING:
VOLUME RATING:
TARIFF TYPE:
CERTIFICATION:
010821-004
NRA GOVERNING RULES TARIFF
17NOV2011
None
None
17NOV2011
O
17NOV2011
1,000KGS
1CBM
GOVERNING RULES TARIFF
ALL INFORMATION CONTAINED IN THIS TARIFF IS TRUE, ACCURATE AND NO UNLAWFUL
ALTERATIONS ARE PERMITTED.
ORGANIZATION INFORMATION
NUMBER:
NAME:
TYPE:
HDQ. COUNTRY:
HOME OFFICE:
010821-004
UNIVERSAL CARGO MANAGEMENT INC.
NON-VESSEL OPERATING COMMON CARRIER
USA
10825 WASHINGTON BLVD
CULVER CITY, CA 90232
PHONE:
FAX:
EMAIL:
310-216-4024 EXT. 21
310-216-4022
SHIRLEY@UNIVERSALCARGO.COM
2
010821-004:
Amendment No.: O
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Table of Contents
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Rule 1 – Scope
Rule 1-A – Scope
Rule 1-B – Intermodal Service
Rule 2 – Notice to Tariff Users
Rule 2A – Application of NRA’s and Charges
Rule 2-010 – Packing Requirements
Rule 2-020 – Diversion by Carrier
Rule 2-030 – Mixed Commodities
Rule 2-040 – Container Capacity
Rule 2-050 – Shipper Furnished Container
Rule 2-060 – Measurement and Weight
Rule 2-070 – Overweight Containers
Rule 2-080 – Shipper’s Load & Count
Rule 2-090 – Diversion by Shipper or Consignee
Rule 2-100 – Mixed Commodities
Rule 2-110 – Restricted Articles
Rule 2-120 – Freight All Kinds
Rule 2-130 - Alternate Rate Service Levels; Economy,
Regular, Premium
Rule 2-140 – AES USA Export Shipments
Rule 2-150 – Documentation Fee
Rule 2-160 – AMS Charges
Rule 2-170 – Submission Cargo Declaration Data
Rule 2-180 – U.S. Customs Related Charges
Rule 2-190 – FDA Prior Notice
Rule 2-200 – Cargo Roll-Over
Rule 2-210 – Free Time Detention/Demurrage/Storage
Rule 3 – Rate applicability
Rule 4 – Heavy Lift
Rule 5 – Extra Length
Rule 6 – Minimum Bill of Lading
Rule 7 – Payment of Freight Charges
Rule 8 – Bill of Lading
Rule 8-10 Bill of Lading Terms & Conditions
Rule 9 – Freight Forwarder Compensation
Rule 10 – Surcharges & Arbitraries
Rule 10-A – Alameda Corridor Charge
Rule 10-B – Peak Season Surcharge
Rule 10-C – Emergency Bunker Charge
Rule 11 – Minimum Quantity Rate
Rule 12 – Ad Valorem
Rule 13 – Transshipment
Rule 14 – Co-Loading
Rule 15 – Open Rates
Rule 16 – Hazardous Cargo
Rule 17 – Green Salted Hides
Rule 18 – Returned Cargo
Rule 19 – Shippers Request or Complaints
Rule 20 – Overcharge Claims
Rule 21 – Use of Carrier Equipment
Rule 22 – Automobiles
Rule 23 – Carrier Terminal Rules and Charges
Rule 23-01 – Destination Terminal Handling Charge
Rule 24 – NVOCC Bond and Process Agent
Rule 25 – Certification of Shippers Status
Rule 26 – Reserved for Future Use
Rule 27 – Loyalty Contracts
Rule 28 – Definitions
Rule 29 – Abbreviations, Codes & Symbols
Rule 30 – Access to Tariff Information
Rule 31-200 – Reserved for Future Use
Rule 201 – NVOCC Service Arrangements (NSA)
Essential Terms
3
010821-004:
Amendment No.: O
Rule 1:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Scope
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Rules and regulations published herein apply BETWEEN United States Atlantic, Gulf, Pacific and Great Lakes Ports,
U.S. Territories and Possessions, U.S. Inland Points AND Worldwide Ports and Points as specified in Rule 1.A of this
tariff:
U.S. ATLANTIC BASE PORTS (ACBP)
Baltimore, MD
Boston, MA
Charleston, SC
Jacksonville, FL
Miami, FL
New York, NY
Newark, NJ
Norfolk VA
Philadelphia, PA
Savannah, GA
Wilmington, NC
U.S. GULF COAST BASE PORTS: (GCBP)
Houston, TX
New Orleans, LA
Tampa, FL
Mobile, AL
U.S. PACIFIC COAST BASE PORTS: (PCBP)
Los Angeles, CA
Long Beach, CA
Oakland, CA
San Francisco, CA
Portland, OR
Seattle, WA
Tacoma, WA
GREAT LAKES BASE PORTS
Includes Chicago, IL
SUBSTITUTED SERVICE AND INTERMODAL SERVICE
A. SUBSTITUTED SERVICE
This provision shall govern the transfer of cargo by trucking or other means of transportation at the expense of the
Ocean Carrier. In no event shall any such transfer arrangements be such as to result directly or indirectly in any
lessening or increasing of the cost or expense which the shipper would have borne had the shipment cleared through the
port originally intended.
B. INTERMODAL SERVICE
Carrier will provide through intermodal service via all combinations of air, barge, motor and rail service.
Intermodal Rates will be shown as single-factor through rates as specified in individual NRA's. Carrier's liability will
be determined in accordance with the provisions indicated in their Bill of Lading (Rule 8
herein). Intermodal rates will apply via US Atlantic, Gulf or Pacific Coast Base Ports as specified in the individual
NRA of this tariff. Intermodal rates will apply from locations specified in rule 1-B.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 1-A:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No.001 - Between (US and World)
Worldwide Ports and Points
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Except as otherwise provided, this tariff names rules and regulations applying between USA Ports and Points, and
Worldwide Ports and Points. NRAs to and from World Inland Points apply via Base Port Groups.
1. North East Asia (NEASIA): Rates apply to and from ports and points in the following countries: Hong Kong, Japan,
Korea, Macau, Mongolia, People's Republic of China, Taiwan (Republic of China), and Russia (USSR). NRA’s
to/from inland points apply via the Northeast Asia Base Port Groups,
4
(NEASIABP), defined as:
PORT GROUP
__________
NEASIABP
BASE PORTS
__________
Hong Kong, HONG KONG, Kobe, Nagoya, Osaka, Tokyo, Yokohmama, JAPAN, Busan, REPUBLIC OF KOREA,
Dalian, Fuzhou, Shanghai, Shekou, Tianjin, Xiamen (Hsia Men), PEOPLE'S REPUBLIC OF CHINA, Keelung
(Chilung), Kaoshiung, TAIWAN (REPUBLIC OF CHINA), Vostochny, UNION OF SOVIET SOCIALIST
REPUBLICS
2. Southeast Asia (SEASIA): NRA’s apply to/from ports and points in the following countries: Brunei, Cambodia,
Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, Vietnam. NRA’s to/from inland points apply via the
Southeast Asia Base Port Group (SEASIABP), defined as follows:
PORT GROUP
___________
SEASIABP
BASE PORTS
___________
Jakarta, INDONESIA, Port Kelang, Penang, MALAYSIA, Cebu, Manila, PHILIPPINES, Singapore, SINGAPORE,
Bangkok, THAILAND
3. South Asia (SOUTHASIA): NRA’s apply to/from ports and points in the following countries: Afghanistan,
Bangladesh, Bhutan, Burma (Myanmar), India, Maldives, Pakistan, Nepal, Sri Lanka. NRA’s to/from inland points
apply via the South Asia Base ports (SASIABP), defined as:
PORT GROUP
___________
SOUTHASIABP
BASE PORTS
___________
Chittagong, BANGLADESH, Bombay (Mumbai), Calcutta (Kolkatta), Madras (Chennai), INDIA, Karachi, Pakistan,
Colombo, SRI LANKA
4. Australia, New Zealand and Oceania (ANZOCEANIA): Rates apply to/from ports and points in the following
countries:
Australia, Christmas Island, Cook Islands, Federated States of Micronesia, Fiji, French Polynesia, Johnston Atoll,
Kiribati, Pitcairn Islands, Solomon Islands, Tonga, Tuvalu, Vanuatu, Wallis and Futuna, Western Samoa. Rates to/from
inland points apply via the Australia, New Zealand, Oceania Base Port Group (ANZOCEANIABP), defined as:
PORT GROUP
___________
ANZ/OCEANIABP
BASE PORTS
___________
Adelaide, Brisbane, Freemantle, Melbourne, Sydney, AUSTRALIA, Auckland, Christchurch, Lyttleton, Wellington,
NEW ZEALAND, Suva, FIJI, Papeete, FRENCH POLYNESIA, Noumea, NEW CALEDONIA, Lae, Port Moresby,
PAPUA NEW GUINEA, Honiara, SOLOMON ISLANDS Nukualofa, TONGA Port Vila, VANUATU, Spia,
WESTERN SAMOA
5. Middle East (MIDEAST): Rates apply to/from ports and points in the following countries: Bahrain, Iran, Iraq, Jordan
Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates, Yemen. Rates to/from inland points apply via the Mideast
Base Port Group (MIDEASTBP), defined as:
PORT GROUP
___________
MIDEASTBP
BASE PORTS
___________
Bahrain, BAHRAIN, Bandar Abbas, Bandare Khomeyni, IRAN, Aqaba, JORDAN, Mina Qabus (Muscat), OMAN, Ad
Dawhah (Doha), QATAR, Damman and Jeddah, SAUDI ARABIA, Abu Zaby (Abu Dhabi), Dubayy (Dubai), Fujeirah,
Jabal Ali, (Jebel Ali), UNITED ARAB EMIRATES, Hodeidah, YEMEN
6. Africa (AFRICA): Rates apply to/from ports and points in the countries shown in the AFRICABP Base Port Group
as shown below. NRAs also apply to/from all points in the following African countries: Botswana, Burkina, Burundi,
Central African Republic, Chad, Equatorial Guinea, Lesotho, Malawi, Mali, Niger, Rwanda, Uganda, Western Sahara,
Zambia, Zimbabwe; NRAs to/from inland points in these countries apply via the Africa Base Port Group (AFRICABP),
which is defined below. For NRAs to North African countries, see the Mediterranean (MED) Country and Base Port
Group.
PORT GROUP
5
___________
AFRICABP
BASE PORTS
___________
(EAST AND SOUTH AFRICA): Moroni, COMOROS, Djibouti, DJIBOUTI, Mitsiwa, ETHIOPIA, Mombasa,
KENYA, Luderitz and Walvis Bay, NAMIBIA, Toamasina and Toliara, MADAGASCAR
Port Louis, MAURITIUS, Beira, Maputo, Nacal MOZAMBIQUE, Mahe, SEYCHELLES, Berbera, Muqdisho
(Mogadishu), SOMALIA, Durban, Capetown, SOUTH AFRICA, Bur Sudan (Port Sudan), SUDAN, Dar Es Salaam,
Tanga, Zanzibar, TANZANIA, (WEST AFRICA) Lobito, Landana (Luanda), ANGOLA, Cotonou, BENIN, Douala,
CAMEROON, Praia, CAPE VERDE ISLANDS, Pointe Noire, CONGO, Libreville, Port Gentil, GABON, Banjul,
THE GAMBIA, Accra, Sekondi, Takoradi, Tema, GHANA, Conakry, GUINEA, Bissau, GUINEA BISSAU, Abidjan,
IVORY COAST, Monrovia, LIBERIA
Nouakchott, MAURITANIA, Lagos, Port Harcourt, NIGERIA, Dakar, SENEGAL, Freetown, SIERRA LEONE,
Lome, TOGO, Matadi, ZAIRE
7. Mediterranean (MED): NRAs apply to/from ports and points in the following countries: Andorra, Algeria, Azores
Islands (Portugal), Canary Islands (Spain), Cyprus, Egypt, France, Gibraltar, Greece, Israel, Italy, Lebanon, Madeira
(Portugal), Malta, Morocco, Portugal, San Marino, Spain, Syria, Tunisia, Turkey, Yugoslavia (including BosniaHerzegovina, Croatia, Macedonia, Slovakia). NRAs to/from inland points apply via the Mediterranean Base Ports
Group (MEDBP), defined as:
PORT GROUP
____________
MEDBP
BASE PORTS
____________
Alger (Algiers), ALGERIA Ponta Delgada, AZORES (Portugal) Las Palmas, Tenerife, CANARY ISLANDS (Spain)
Lemosos (Limassol), CYPRUS Al Iskandariyah (Alexandria), Bur Sa Id (Port Said), EGYPT, Marseilles, France,
Piraievs (Pireaus), Thessaloniki (Solonika), GREECE Ashdod, Hefa, ISRAEL
Genova (Genoa), Livorno (Leghorn), ITALY Bayrut (Beirut), LEBANON Funchal, MADEIRA ISLANDS (Portugal)
Valletta, MALTA Casablanca, Rabat, Tangier, MOROCCO, Leixoes, Lisboa, Oporto, Portugal
Barcelona, Bilbao, Valencia, SPAIN, Al Ladhiqiyah (Latakia), SYRIA Sfax, Tunis, TUNISIA Mersin, Izmir, Istanbul,
TURKEY, Dubrovnik, Koper, Split, YUGOSLAVIA
8. Northern Europe (NEUROPE): NRAs apply to/from ports and points in the following countries: Austria, Belgium,
Bulgaria, Czechoslovakia, Denmark, Faroe Islands (Denmark), Finland, France, Germany, Freenland, Hungary,
Iceland, Ireland (Eire), Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norwary, Poland, Romania, Sweden,
Switzerland, United Kingdom (including England, Guernsey, Jersey, Isle of Man, Northern Ireland, Scotland, and
Wales), and the Former Union of Soviet Socialist Republics (including Armenia, Azerbaijan, Belorussia, Estonia,
Georgia, Kazakhstan, Kyrgystan, Latvia, Lithuania, Moldavia, Russian Federation, Tajikistan, Turkmenistan, Ukraine,
and Uzbekistan). NRAs to/from inland points apply via the North Europe Base Port Group (NEUROPEBP), defined as:
PORT GROUP
___________
NEUROPEBP
BASE PORTS
____________
Antwerpen, BELGIUM, Varna, BULGARIA, Aarhus, Copenhagen, DENMARK, Helsinki, Kotka, Turku, FINLAND,
Le Havre, France, Bremen, Bremerhaven, Hamburg, GERMANY, Baile Atha Cliath (Dublin), Cork, Galway,
Waterford, IRELAND (EIRE), Amsterdam, Rotterdam, NETHERLANDS, Bergen, Oslo, Stavanger, NORWAY,
Gdansk, Gdynia, POLAND, Costanta, ROMANIA, Goteborg, Malmo, Stockholm, SWEDEN, Riga, Tallinn, Leningrad
(St. Petersburg, Klaipeda, USSR, (UNION OF SOVIET SOCIALIST REPUBLICS) Belfast, Felixstowe, Glasgow,
Grangemouth, Liverpool, London, Southampton, UNITED KINGDOM
9. North America: NRAs apply to/from ports and points in Canada and Mexico. NRAs to/from points in Canada apply
via the Canada Base Port Group (CANADABP) as shown below. NRAs to/from inland points in Mexico apply via the
Mexico Base Ports (MEXICOBP), as shown below:
PORT GROUP
____________
CANADABP
BASE PORTS
____________
St. Johns, Newfoundland, CANADA, Charlottetown, Prince Edward Island, CANADA, Halifax, Nova Scotia,
CANADA, Saint John, New Brunswick, CANADA, Montreal, Quebec, Quebec, CANADA
Toronto, Ontario, CANADA, Vacouver, British Columbia, CANADA
PORT GROUP
___________
6
MEXICOBP
BASE PORTS
___________
Tampico, Veracruz, MEXICO, Lazaro Cardenas, Manzanillo, Salina Cruz, MEXICO
10. Central America (CAMERICA): NRAs apply to/from ports and points in the following Cental American Countries:
Belize, Costa Rico, El Salvador Guatemala, Honduras, Nicaragua, Panama. NRAs to/from inland points apply the
Central America Base Port Group (CAMERICABP), defined as:
PORT GROUP
___________
CAMERICABP
BASE PORTS
___________
Belize City, BELIZE, Puerto Limon, COSTA RICA, San Jose, Santo Tomas de Castilla, GUATEMALA
Puerto Henecan, Puerto Cortes, HONDURAS, Corinto, Managua, NICARAGUA, Balboa, Cristobal, Panama City,
PANAMA
11. Caribbean Islands (CARIBBEAN): NRA’s applies to/from ports and points in the Caribbean Island Countries
named in the Caribbean Base Port Group. NRA’s to/from inland points apply via the Caribbean Base Port Group
(CARIBBEANBP), defined as:
PORT GROUP
___________
CARIBBEANBP
BASE PORTS
___________
St. Johns, ANTIGUA AND BARBUDA, Oranjestad, ARUBA (Netherlands Antilles) Freeport, Nassau, BAHAMAS,
Bridgetown, BARBADOS, Hamilton, BERMUDA, Kralendijk (Bonaire), NETHERLANDS ANTILLES, Tortola,
BRITISH VIRGIN ISLANDS, Georgetown, CAYMAN ISLANDS, Willemstad, CURACAO (Netherlands Antilles)
Roseau, DOMINICA, Santo Domingo, DOMINICAN REPUBLIC
Saint Georges, GRENADA, Pointe a Pitre, GUADELOUPE, Port Au Prince, HAITI, Kingston, Montego Bay,
JAMAICA, Fort de France, MARTINIQUE, Plymouth, MONSTSERRAT, Basseterre, St Kitts/ Nevis
Castries, ST. LUCIA, Kingstown, ST. VINCENT AND THE GRENADINES, Grand Turk Island, TURKS AND
CAICOS ISLANDS, Port of Spain, TRINIDAD
12. South America (SAMERICA): NRA’s apply to/from ports, and points in the following South American Countries:
Argentina, Bolivia, Brazil, Chile, Columbia, Ecuador, French Guiana, Guyana, Paraguay, Peru, Suriname, Uruguay,
Venezuela. NRA’s to/from inland points apply via the South America Base Port Group (SAMERICABP), defined as:
PORT GROUP
___________
CARIBBEANBP
BASE PORTS
___________
Buenos Aires, ARGENTINA, Fortaleza, Santos, Sao Paulo, Rio de Janeiro, BRAZIL, Antofagasta, Arica, Coquimbo,
Iquique, Punta Arenas, Talcahuano, Tocopilla, Tocopilla, CHILE, Barranquilla, Buenaventura, Cartagena, Santa Marta,
COLOMBIA, Guayaquil, ECUADOR, Cayenne, FRENCH GUIANA Georgetown, GUYANA, Asuncion,
PARAGUAY, Callao, PERU, Paramaribo, SURINAME, Montevideo, URUGUAY La Guaira, Maracaibo, Puerto
Cabelllo, VENEZUELA, NRA’s also apply to/from ports and inland points named in the individual NRA’s.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 1-B:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Intermodal Service
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Intermodal through rates applies between points in the U.S.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Notice to Tariff Users
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
7
a. Carrier has opted to be exempt from tariff publication requirements pursuant to 46 C.F.R. §520 and 532. In
that respect Carrier has opted for exclusive use of Negotiated Rate Arrangements (“NRAs”).
b. NVOCC NRA means the written and binding arrangement between an NRA shipper and eligible NVOCC to
provide specific transportation service for a stated cargo quantity, from origin to destination on and after receipt
of the cargo by the Carrier or its agent (originating carrier in the case of through Transportation).
c.
Carrier’s
Rules
are
provided
free
of
charge
to
Shipper
at
http://www.universalcargo.com/Portals/57382/docs/NRA Rules Tariff 004_11-17-2011.doc containing the
terms and conditions governing the charges, classifications, rules, regulations and practices of Carrier.
d. Carrier shall issue quotation sheets, booking confirmations, e-mail communications and other writings
(collectively “the writings”) which will constitute an offer by Carrier to Shipper for transportation services
pursuant to 46 C.F.R. §520.13 and §532. The terms contained in the writings shall be a valid offer for thirty
days from the booking date, unless otherwise rescinded by the Carrier prior to receiving Shipper’s cargo.
Carrier's or Carrier's agent's receipt of cargo for this shipment constitutes acceptance by Shipper of this offer,
and the terms of the NRA shall bind the parties.
e. Rates may not be modified in an NRA after the time the shipment is received by the Carrier or its agent
(including originating carriers in the case of through transportation.
f. All origin and destination local charges apply whether or not included in this Rules Tariff.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2A:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Application of NRAs and Charges
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
1. NRA’s are stated in terms of U.S. Currency and apply per 1 Cubic Meter (M) or 1,000 Kilos (W), as indicated,
whichever basis yields the greater revenue, except as otherwise specified. Where the word “Weight” or the letter “W”
appears next to an article or commodity, weight rates are applicable without regard to measurement. Where the word
“Measurement” or the letter “M” appears next to an article or commodity, measurement rates are applicable without
regard to weight.
NRA’s and other charges shall be based on the actual gross weight and/or overall measurement of each piece or
package, except as otherwise provided.
NRA’s indicated by W/M or WM are optional weight or measurement rates and the rate yielding the greater revenue
will be charged.
2. Except as otherwise provided, all "Port" (i.e., Port-to-Port) rules published herein apply from/to places where the
common carrier originates or terminates its actual ocean carriage of cargo. Tolls, Wharfage, Cost of Landing, and all
other expenses beyond the port terminal area are for account of Owner, Shipper or Consignee of the cargo and all such
expenses levied in the first instance against the Carrier will be billed in an equal amount to the Owner, Shipper, or
Consignee of the Cargo.
NRA’s are applicable from Inland Points which lie beyond port terminal areas. Such NRA’s will be shown as singlefactor through NRA’s.
Such NRA’s shall be inclusive of all charges pertinent to the transportation of cargo (including intermediate but not
Origin or Destination Terminal Charges) and not including Customs clearance assessments or Forwarding Charges,
except as provided.
Alternatively, at shipper's request, carrier will arrange for inland transportation as shipper's agent. All associated costs
will be for the account of the cargo. Overland carriers will be utilized on an availability of service basis and not
restricted to any preferred Carriers, except as Ocean Carrier deems necessary to guarantee safe and efficient movement
of said cargo. (See item 16, re: Advanced Charges.)
Carrier shall not be obligated to transport the goods in any particular type of container or by any particular Vessel,
Train, Motor, Barge or Air Carrier, or in time for any particular market or otherwise than with reasonable dispatch.
Selection of Water Carriers, Railways, Motor, Barge or Air Carrier used for all or any portion of the transportation of
the goods shall be within the sole discretion of the Ocean Carrier.
8
3. Packages containing articles of more than one description shall be rated on the basis of the NRA provided for the
highest rated articles contained therein.
4. NRA’s do not include Marine Insurance or Consular fees.
5. Description of commodities shall be uniform on all copies of the Bill of Lading and MUST be in conformity with
the validated United States Export Declaration covering the shipment. Carrier must verify the Bill of Lading
description with the validated United States Export Declaration. Shipper amendments in the description of the goods
will only be accepted if validated by United States Customs.
Trade names are not acceptable commodity descriptions and shippers are required to declare their commodity by its
generally accepted generic or common name.
6. Unless otherwise specified, when the NRA’s are based on the value of the commodity, such commodity value will
be the F.O.B. or F.A.S. value at the port of loading as indicated on the Commercial Invoice, the Custom Entry, the
Import/Export Declaration or the Shipper's Certificate of Origin. The F.O.B. value and the F.A.S. value include all
expenses up to delivery at the Loading Port.
7. The NRA shown except where predicated on specifically lower values or on an ad valorem basis, are subject to Bill
of Lading limit of value.
8. Except as otherwise provided, NRA’s apply only to the specific commodity named and cannot be applied to
analogous articles.
9. Wherever NRA’s are provided for articles named, the same NRA will also be applicable on parts of such articles
where so described in the ocean bill of lading, except where specific NRA are provided for such parts.
10. FORCE MAJEURE CLAUSE: "Without prejudice to any rights or privileges of the Carrier's under covering Bills
of Lading, dock receipts, or booking contracts or under applicable provisions of law, in the event of war, hostilities,
warlike operations, embargoes, blockades, port congestion, strikes or labor disturbances, regulations of any
governmental authority pertaining thereto or any other official interferences with commercial intercourse arising from
the above conditions and affecting the Carrier's operations, the Carrier reserves the right to cancel any outstanding
booking or contract in conformity with Federal Maritime Commission Regulations."
11. When a commodity can properly be carried under more than one tariff item, but which by its nature is clearly
influenced by its end use, the freight shall be assessed based on the NRA of the end use commodity, eg: Rubber
Gloves, Cotton Gloves, etc. would all be rated under "Gloves, N.O.S." rather than Rubber Goods, Textiles, etc.
The above does not apply in cases where there is a specific NRA for the commodity in question.
12. When two or more NRA’s may be applicable to a given shipment and one NRA is more specific than the others, the
most specific NRA shall apply. One NRA is more specific than another when it describes the commodity being shipped
more explicitly, i.e.: Canned Pineapple is more specific than Canned Fruit or Canned Goods, N.O.S.
An NRA from/to a specific destination is more specific than an NRA to/from a geographic range or zone, (Examples):
An NRA from New York, NY is more specific than an NRA from Atlantic and Gulf Base Ports (AGBP).
An NRA to Yokohama, Japan is more specific than an NRA to Japan Base Ports (JBP).
13. Any Tollage, Wharfage, Handling and/or other charges assessed against the cargo at Ports of Loading/Discharge
will be for the account of the cargo. Any Tollage, Wharfage, Handling and/or Charges at Port of Loading in connection
with storage, handling and receipt of cargo before loading on the vessel shall be for the account of the cargo.
Any Additional Charges which may be imposed upon the cargo by Governmental Authorities will be for the account
of the cargo.
14. TYPES OF SERVICE PROVIDED
CY/CY (Y/Y) - The term CY/CY means containers packed by Shippers off Carrier's premises, delivered to Carrier's
CY, accepted by Consignee at Carrier's CY and unpacked off Carrier's premises, all at the risk and expense of the
cargo.
9
CY/CFS (Y/S) - The term CY/CFS means containers packed by Shippers off Carrier's premises and delivered to
Carrier's CY and unpacked by the Carrier at the destination port CFS, all at the risk and expense of the cargo.
CFS/CFS (S/S) - The term CFS/CFS means cargo delivered to Carrier's CFS to be packed by Carrier into containers
and to be unpacked by the Carrier from the containers at Carrier's destination port CFS, all at the risk and expense of
the cargo.
CFS/CY (S/Y) - The term CFS/CY means cargo delivered to Carrier's CFS to be packed by Carrier into containers and
accepted by Consignee at Carrier's CY and unpacked by the Consignee off Carrier's premises, all at the risk and
expense of the cargo.
DOOR (D) - Door Service pertains to the carrier providing inland transportation from/to the shipper's/consignee's
designated facilities.
15. SERVICE OPTIONS:
a. The following service types are available and pertain to rates contained in this tariff.
Container Yard (Y)
The term Container Yard refers to the specific location designated by the carrier where the carrier assembles, holds or
stores containers and where containers loaded with goods are received or delivered.
Container Freight Station (S)
The term Container Freight Station means the location designated by the carrier or his authorized agent for the
receiving of goods to be stuffed into containers or for the delivery of goods stripped from the containers by the carrier
or his agent.
Door (D)
Door Service pertains to the carrier providing inland transportation from/to the shipper's/consignee's designated
facilities. Door Service is applicable only where specifically provided in the individual NRA or where specified in an
Inland Rate Table.
Ocean Port (O)
Ocean Port rates published herein apply from/to places where the common carrier originates or terminates its actual
ocean carriage of cargo at the origin and destination ports. Tolls, Wharfage, Cost of Landing, and all other expenses
beyond the port terminal area are for account of the cargo.
b. Any combination of the above services may be offered, i.e.: O/O, O/D, D/D, Y/S, Y/Y, etc.
c. Carrier may also utilize the following terminology to describe its services:
IPI Service, from Asia to USA
The term IPI service means shipments from Ports and Points in Asia discharged by Carrier at US Pacific Coast Base
Ports (PCBP) and moved via rail and/or truck to destination inland CFS, CY or Door points in the USA.
MLB Service (Mini Land Bridge), from Asia to USA
The term MLB service means shipments from Ports and Points in Asia discharged by Carrier at US Pacific Coast Base
Ports (PCBP) and moved via rail and/or truck to destination CFS or CY at US Atlantic & Gulf Ports.
RIPI Service, from Asia to USA
The term RIPI service means shipments from Ports and Points in Asia discharged by Carrier at US Atlantic Coast Base
Ports (ACBP) and moved via rail and/or truck to destination inland CFS, CY or Door points in the USA.
16. ADVANCED CHARGES
Advanced charges on bills of lading for collection from shipper/consignee will be accepted provided such charges do
not exceed the amount of freight on the bill of lading, and provided they do not relate in any part to cargo cost and/or
ocean freight thereon, but cover only carrying and other legitimate expenses from/to carrier's terminal at bill of lading
origin/destination. Such charges accepted without carrier's responsibility and full risk is for the party requesting such
advance.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-010:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No.001 - Between (US and World)
Packing Requirements
10
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
1. Except as otherwise provided herein, articles tendered for transportation will be refused for shipment unless in such
condition and so prepared for shipment as to render transportation reasonably safe and practicable. Provisions for the
shipment of articles not enclosed in containers does not obligate the Carrier to accept an article so offered for
transportation when enclosure in a container is reasonable necessary for protection and safe transportation.
2. Packages must be marked durably and legibly and must show the port of destination. All packages must be
numbered, which number together with marks and destination must appear on the shipping receipts and Bill of Lading.
3. Gross weight in pounds and initials of port must be clearly and legibly shown on packages, and on original and
copies of dock receipts tendered at time of delivery.
4. Each package, bundle or piece of freight must be plainly marked with the full or initials of consignee, and the
destination must be shown in full to insure proper delivery. If necessary, corrections must be made by the shipper or
his representative.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-020:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Diversion By Carrier
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
When the Ocean Carrier discharges cargo at a terminal port other than the port named in the ocean bill of lading, the
ocean carrier may arrange, at its option, for movement via rail, truck or water, of the shipment from the port of actual
discharge only as indicated hereunder:
1. To ocean carrier's terminal (motor, rail or water), at port of destination declared on the bill of lading at the expense
of the ocean carrier. Carrier may, at their convenience, deliver cargo to ports en-route between Carrier discharging
terminal and carrier’s delivery terminal provided the NRA’s are already provided for such destinations in individual
commodity items.
2. The ocean carrier may forward cargo direct to a point designated by the consignee, provided the consignee pays the
cost which he would normally have incurred either by rail, truck or water, to such point if the cargo has been
discharged at the terminal port named in the ocean bill of lading within any commercial zone, such payment by the
consignee shall be the cost he would normally have incurred to such point of delivery.
NOTE: In the event of cargo being discharged at carrier’s convenience at a port other than the port of destination
named in the bill of lading, the NRA applicable to the port of destination named in the bill of lading shall be assessed.
In no event shall any such transfer or arrangements under which it is performed by such as to result directly or
indirectly in any lessening or would have borne had the shipment cleared through the port originally intended.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-030:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Mixed Commodity Rates
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Mixed Commodities
Mixed Commodities shall consist of a minimum of two of the named items, no one of which exceeds 90% of the total
weight or cube of the shipment. (RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-040:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Container Capacity
11
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Where rules or NRA’s make reference to capacity of containers, the standard capacity for purpose of
freight rating shall be as shown below regardless of the actual capacity.
CONTAINER SIZES, TYPES, TEMPERATURES AND SERVICE TYPES
SIZE
20' Std 20 Foot Container
40' Std 40 Foot Container
40' HC 40 Foot High Cube
40' Flat Rack
45' Std 45 Foot Container
48' Foot Container
53' Foot Container
TYPES
AC Atmosphere Control
DF Drop Frame
FB Flat Bed
FR Flat Rack
GC Garment Container
HH Half Height
IN Insulated
N/A Not Applicable
N/C Non-Containerized
OT Open Top
PC Dry
PL Platfirm
RE Reefer
TC Tank
TL Top Loader
TR Trailer
VR Vehicle Racks
TEMPATURE
AC Artificial Atmosphere Control
CLD Chilled
FRZ Frozen
HTD Heated
N/A Not Applicable/Not Operating
RF Refrigerated
VEN Ventilated
SERVICE TYPE
D Door
M Motor
R Rail Yard
S Cont Frgt Station
U Rail Siding
X Team Tracks
Y Container Yard
NOTE 1: The combined weight of shipper-loaded cargo and containers with chassis and tractor shall not
exceed the over-the-road weight limitation in various States of the U.S.A.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-050:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Shipper Furnished Containers
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
In lieu of the carrier furnished containers, shippers may offer cargo for ocean transportation in shipper furnished
containers subject to the following provisions:
A. The container must be of body and frame construction acceptable to the carrier and must be manufactured and
equipped in accordance with all applicable United States, other local National and International Laws, Regulations and
Safety requirements.
B. Shipper furnished containers will be subject to inspection, approval and acceptance for carriage on the carrier’s
vessel prior to loading the carrier’s authorized personnel. Any containers found to be unsuitable will not be accepted
for carriage.
C. Each such container and its cargo will be subject to all rates, rules and regulations of this tariff.
D. Shipper furnished containers will be accepted only at loading ports CY and delivered only at destination CY.
E. Shipper will be required by the carrier to submit documentary evidence of ownership or leaseholdership of the
container offered for shipment.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-060:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Measurement And Weight
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Tariff reference to "W" and "M" signify 1,000 kilos and 1 cubic meter respectively. Whenever freight charges are
assessed on a W/M “weight or measurement” basis or where rates are provided on both a “W” and “M” basis, the
freight charges will be computed on the gross weight or the overall measurement of the pieces or packages, whichever
computation produces the greater revenue to the Carrier.
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1. All packages will be measured in CENTIMETRES and weight in KILOGRAMMES.
2. Rounding off- Dimensions
Where parts of centimeter occur in dimensions, such parts below 0.5 cm. are to be ignored, and those of 0.5 cm. And
over are to be rounded off to the centimeter above.
3. Calculating Cubic Measurements
The three dimensions in centimeters (rounded off in accordance with (2)) are to be multiplied together to produce the
cube of one package or piece in cubic meters to six decimals.
In case of a single package the decimals are to be rounded off at the second decimal, i.e., if the third decimal is below 5
the second decimal remains unaltered; if the third decimal is 5 or higher the second decimal is to be adjusted upwards.
In the case of multiple packages of like dimensions the cube on one package to six decimals is to be multiplied by the
number of packages and the total cube is then to be rounded off to two decimals under the foregoing procedure.
4. OFFICIAL MEASURERS AND WEIGHERS
The straight loaded shipments of consolidator Cargo, stuffed at Carrier's nominated off dock CY locations, does not
require measuring/weighing for purposes of confirming volume/weight of cargo. For such shipments, however, there
must be a certificate from an officially appointed Sworn Measurer to confirm the exact location at which the shipment
was stuffed into the container.
5. MISDESCRIPTION, UNDERWEIGHTS AND UNDERMEASUREMENT
A. The carrier at loading port will assess freight on the shipments on the basis of the gross weights and/or
measurements declared or deemed to have been declared by Shippers. Such assessment is subject to the terms and
conditions of the carrier's Bill of Lading. Notwithstanding the foregoing. Carrier may arrange at the port/point of
destination for the verification of the description, measurement or weights of all such shipments as they, at their sole
discretion, may decide and in all such cases the description, measurements or weights so obtained shall be used for
determining the correct amount of freight which has to be paid and expense incurred should be for account of cargo.
B. If the gross weights and/or measurements declared by the Shippers are less than those ascertained and if the
Shippers, by notification to the Carrier, within seven (7) days of the vessels sailing from port of loading or the
consignees, by notification to the Carrier prior to the shipment leaving the custody of the Carrier, maintain that the
gross weights and/or measurements stated by them are correct, freight shall be assessed provisionally on the controllers'
figures and subsequently adjusted, if necessary, after an outturn reweighing and/or re-measuring. If such outturn reweighting, re-measuring and/or resurveying shows that the gross weights, measurements and/or description were
understated and/or misdeclared by the Shippers, re-measuring and/or resurveying shall be for the account of the cargo.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-070:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Overweight Containers
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Shipper/Consignee for CY origin shipments shall be jointly severally and absolutely liable for any fine, penalty or other
sanction imposed upon carrier, its agent motor/rail carrier by authority for exceeding lawful over-the-weight limitations
in connection with any transportation services provided under this tariff and occasioned by any act of commission or
omission of the shipper/consignee, its agent or contractors, and without regard to intent, negligence or any other
factor. When carrier pays any such fine or penalty and assumes any other cost or burden, arising from such an event, it
shall be on behalf of and for benefit of the cargo interest and carrier shall be entitled to full reimbursement therefore
upon presentation of an appropriate invoice. Nothing in this rule shall require carrier, its agents or motor/rail carrier to
resist, dispute or otherwise oppose the levy of such a fine, penalty or other sanction and carrier shall not have any
liability to the cargo interest should it not do so. Any charges incurred in re-handling cargo to comply with maximum
weight restrictions will be for account of cargo.
The party responsible (i.e., the shipper or the consignee) for the shipment exceeding any lawful weight limitation
shall indemnify and hold the ocean carrier transporting the shipment, its agents and the motor/rail carrier(s), harmless
from any and all damages or liability from claims by whomever brought arising in whole or in part from the shipment
exceeding any lawful weight limitation. Such indemnification shall include attorneys' fees and all costs incurred in the
defense of such claim(s). (RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
13
Rule 2-080:
Shipper's Load And Count
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
When containers are loaded and sealed by shipper, carrier or its authorized agent will accept same as "Shipper's load
and count" and the Bill of Lading shall be so claused, and:
No container will be accepted for shipment if the weight of the contents thereof exceeds the weight carrying capacity of
the container.
Carrier will not be directly or indirectly responsible for:
1) Damage resulting from improper loading or mixing of articles in containers, or shipper's use of unsuitable or
inadequate protective and securing materials when loading to open-side flat-rack type containers.
2) Any discrepancy in count or concealed damage to articles.
Except as otherwise provided, shipments destined to more than one port of discharge may not be loaded by the shipper
into the same container.
Except as otherwise provided, materials, including special fittings, and labor required for securing and properly stowing
cargo in containers moving in CY service, including but not limited to lashing, bulkheads, cross members, platforms,
dunnage and the like must be supplied by shippers and their expense and the carrier shall not be responsible for such
materials nor their return after use. The carrier shall not be liable in any event for any claim for loss or damage to the
cargo arising out of improper or inadequate mixing, stuffing, tallying or bracing of cargo within the container.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-090:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Diversion of Cargo (By Shipper or Consignee)
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
A request for diversion of a shipment will be considered as an amendment to the contract of carriage and will be
subject to the following definitions, conditions and charges:
A. Definition of Diversion:
A change in the original billed destination (which may also include a change in Consignee, order party, or both). A
change in Consignee, order party or both will not be considered as diversion of cargo.
B. Conditions:
1. Requests must be received in writing by the carrier prior to the arrival of the vessel at Discharge Port. Carrier will
make diligent effort to execute the request but will not be responsible if such service is operationally impractical or
cannot be provided.
2. Cargo moving under a non-negotiable Bill of Lading may be diverted at the request of shipper or consignee. Cargo
moving under a negotiable Bill of Lading may be diverted by any party surrendering the properly endorsed original Bill
of Lading. Cargo moving under a negotiable Bill of Lading may also be diverted by the shipper or consignee at the
carrier's sole discretion without receipt by the carrier of the original negotiable Bill of Lading so long as a new
negotiable Bill of Lading is not requested or issued by the carrier. If a new negotiable Bill of Lading must be
surrendered to the carrier prior to issuance of the new negotiable Bill of Lading.
3. This rule will apply to full Bill of Lading quantities or full container loads only.
4. A shipment may only be diverted once. Shipper may request cancellation of the original diversion request, resulting
in delivery of the cargo to the original billed destination, provided that such request is received prior to arrival of vessel
at Discharge Port, and provided that all diversion charges as set out in C. below, applicable to the original diversion
request, are paid in full prior to the cancellation request being accepted by the carrier. In no instance will any refund of
the diversion charges be made in the event of a cancellation. Any additional expenses incurred by the carrier will be
for the account of the cargo.
5. Diverted shipment will be assessed the rate(s) and/or charges from origin to destination to which diverted in
accordance with Carrier’s tariff.
6. There will also be a Diversion Fee of up to $750.
7. Diversion charges or administrative charge are payable by the party requesting the diversion.
(RETURN TO TABLE OF CONTENTS)
14
010821-004:
Amendment No.: O
Rule 2-100:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Mixed Shipments
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
1. Single shipments which consist of articles subject to only one class or commodity rate will be charged at the actual
or authorized estimated weight and at the class or commodity NRA applicable, subject to the minimum charge in the
appropriate minimum charge item in tariffs making reference hereto.
2. Single shipments which consist of articles subject to two or more different NRA’s, when articles subject to such
different NRA’s are separately packaged, will be charged at the actual or authorized estimated weight, and at the class
or commodity NRA applicable to each, subject to the minimum charge in the appropriate minimum charge item in
tariffs making reference hereto.
3. Where different scales of NRA’s are provided for shipments of different weights, apply on each article the NRA
which would apply on that article if such article were tendered as a straight shipment weighing the same as the
aggregate weight of the mixed shipment. Any deficit between the actual weight of the shipment, and the weight
provided for the next lower scale of NRA’s, will be charged for at the lowest NRA applicable to any article in the
shipment.
4. When two or more commodities for which different ratings are provided, are shipped as a mixed shipment without
actual weights being obtainable for the portions shipped under the separate ratings, charges for the entire shipment will
be computed at the class or commodity NRA applicable to the highest classed or rated commodity contained in such
mixed shipment. The minimum weight shall be the highest provided in any of the NRA’s used in computing the
charges. In the event a lower charge results by considering such commodities as if they were divided into two or more
separate shipments, such lower charge shall apply.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Rule 2-110:
Restricted Articles
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Except as otherwise provided, the following articles will not be accepted for transportation:
1. Cargo, loose on platforms or pallets, except when prior arrangements have been concluded with Carrier.
2. Cargo which because of its inherent vice is likely to impregnate or otherwise damage Carrier’s containers or cargo.
3. Bank bills, coin or currency; deeds, drafts, notes or valuable paper of any kind; jewelry including costume novelty
jewelry, except where otherwise specifically provided, postage stamps or letters and packets of letters with or
without postage stamps affixed; precious metals or articles manufactured therefrom; precious stones; revenue
stamps; works of art; antiques or other related or unrelated old, rare or precious articles of extraordinary value
except when prior arrangements have been concluded with carrier.
4. Corpses or cremated remains.
5. Animals, birds, fish, livestock.
6. Eggs, viz: Hatching.
7. Poultry or pigeons, live (including birds, chickens, ducks, pheasants, turkeys, and any other fowl.
8. Silver articles or ware, sterling.
9. Except as otherwise provided herein or in tariffs making reference hereto, articles tendered for transportation will be
refused for shipment unless in such condition and so prepared for shipment as to render transportation reasonably safe
and practicable. Provisions for the shipment of articles not enclosed in containers does not obligate the carrier to accept
an article so offered for transportation when enclosure in a container is reasonably necessary for protection and safe
transportation.
10. Carrier, except as provided in tariffs making reference hereto, will not accept for transportation articles which,
because of their length, weight or bulk cannot in carrier's judgment be safely stowed wholly within the trailer or
containers dimensions.
11. Except as provided in tariffs making reference hereto, shipments requiring temperature control.
12. Shipments containing cargo likely to contaminate or injure other cargo, including green salted hides.
(RETURN TO TABLE OF CONTENTS)
010821-004:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
15
Amendment No.: O
Rule 2-120:
Freight All Kinds (FAK)
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Unless otherwise provided herein, any item described as “Freight All Kinds” shall consist of a MINIMUM of two
different commodity items. Further restrictions to the item shall be contained in the NRA.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-130:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No.001 - Between (US and World)
ALTERNATE RATE/SERVICE LEVELS: ECONOMY, REGULAR, PREMIUM
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Different levels of Service are offered by the Carrier. Unless otherwise specified in the individual NRA, NRA’s are
applicable for Regular Service.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-140:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
AES USA EXPORT SHIPMENTS
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Carrier requires complete and accurate Automated Export System / Shippers Letter of Instructions no later than 48
hours prior to port cut-off date. U.S. Customs and Border Protection (CBP) may impose penalties for failure to comply
with the U.S. Bureau of Census, Mandatory Automated Export System regulations.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-150:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
DOCUMENTATION FEE
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Except as otherwise provided all shipments will be subject to the following:
1. Documentation Fee: USD65 per B/L
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-160:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
AMS CHARGES
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Except as otherwise provided NRA’s, in addition to the documentation charges currently in effect under this tariff the
following will apply to all shipments to destinations in the USA:
1. In the event Carrier submits advance cargo declaration data to the U.S. Customs Service for cargo loaded on a vessel
at a non- U.S. port, a Cargo Declaration Data Charge shall be payable to Carrier for each bill of lading issued by
Carrier or, if the shipper tendering the cargo to Carrier has issued one or more of its bills of lading for such cargo
(sometimes referred to as “house bills of lading”), on each such shipper-issued house bill of lading for which the
Carrier submits such data. The amount of the charge shall be USD $50 per bill of lading.
2. In the event that Carrier is required to correct cargo declaration information previously submitted to the Customs
Service due to an error or omission on the part of shipper or its agent, shipper shall pay Carrier an amendment fee for
each submission to the Customs Service that must be corrected. The amendment fee shall be charged each time a
submission is corrected and shall be USD $40 per correction
3. The charges in paragraphs 1 and 2 of this rule shall not apply to shipper-issued bills of lading for which shipper or its
authorized agent provides the advance cargo declaration data directly to the U.S. Customs Service.
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4. The Automated Manifest System (AMS) Surcharges named herein shall be payable on the same basis as ocean
freight, either prepaid or collect. Carrier may hold shipper and consignee named on its ocean bill of lading jointly and
severally liable for payment of the charge.
5. Carrier is not liable for any charges accrued as a result of failure in providing complete information required by this
rule and U.S. customs as follows:
If assessed a Civil Penalty or denied permission to unload cargo, then any and all Shippers, Consignees, Cargo Owners
that failed to provide the information required by this Rule and/or by the regulations of the U.S. Customs Service in a
complete and accurate manner shall be jointly and severally liable to indemnify and reimburse Carrier for any such
penalty and any all costs incurred by Carrier as a result of the denial of permission to unload cargo. Carrier may have a
lien on cargo in its possession for amounts due and may hold cargo until such amounts (and any other unpaid freight
charges) are paid or sell such cargo after a reasonable period.
6. For the purpose of this rule, the term "Bill of Lading" shall also refer to "Sea Waybill"
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-170:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No.001 - Between (US and World)
SUBMISSION OF CARGO DECLARATION DATA
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
A. SUBMISSION OF CARGO DECLARATION DATA; DEADLINE FOR SAME.
Pursuant to Customs regulations effective December 2, 2002, Carrier is required to submit certain cargo declaration
data for all cargo on board a vessel that will call in the United States (i.e., U.S. import cargo and foreign destination
cargo remaining on board the vessel) to the U.S. Customs Service not later than 24 hours prior to the time the cargo is
loaded on Carrier's vessel at each non-U.S. port of loading. In order to enable Carrier to comply with this requirement,
except as provided in paragraph B of this rule, any person tendering cargo to Carrier that is to be transported to the
United States or that will be on a vessel when that vessel calls in the United States must provide the following
information regarding such cargo to Carrier in writing (including by electronic transmission) in sufficient time for
Carrier to transmit the data to the Customs Service at least 24 hours prior to the loading of the cargo on Carrier's vessel.
Failure to comply with these requirements will result in cargo not being loaded.
1. A precise description of the cargo (or the 6-digit HTS number under which cargo is classified) and weight of the
cargo or, for a sealed container, the shipper's declared description and weight of the cargo. The quantity of cargo shall
be expressed in the lowest external packaging unit (e.g., a container containing 10 pallets with 200 cases shall be
described as 200 cases). Generic descriptions, including, but not limited to, 'FAK,' 'General Cargo,' 'Chemicals,'
'Foodstuffs,' and terms such as 'Said to Contain' are NOT acceptable descriptions.
2. Shipper's complete name and address, or the identification number issued to the shipper by the U.S. Customs
Service upon implementation of the Automated Commercial Environment ('ACE').
3. Complete name and address of the consignee, owner or owner's representative, or its ACE identification number.
4. Internationally recognized hazardous material code when such materials are being shipped.
5. Seal numbers for all seals affixed to the container.
B. TIME FOR SUBMISSION OF DATA BY SHIPPERS TO CARRIER.
Except as otherwise provided below, the time for shipper to submit data to Carrier shall be as follows:
1. Shippers who submit their shipping instructions in paper format will be required to submit their shipping instructions
to Carrier no later than seventy-two (72) hours prior to vessel arrival at the foreign port of load. This applies to all U.S.
destined cargo as well as cargo intended to be transshipped at a U.S. port and cargo that will remain on the vessel for
carriage to a non-U.S. port.
C. CERTAIN NON-VESSEL OPERATING COMMON CARRIERS.
Non-vessel operating common carriers ('NVOCCs') that are licensed by or registered with the FMC and that have
obtained Customs bonds may submit the required inbound cargo declaration data directly to the U.S. Customs Service
in accordance with Customs Service regulations and guidelines. For purposes of this provision, an NVOCC is
registered with the FMC if it has been issued an Organization Number by the FMC, has published a valid and effective
rules tariff, and has posted the required financial security with the FMC.
1. Certification. Any NVOCC that submits cargo declaration information directly to the Customs Service shall, unless
notified by the Carrier pursuant to subparagraph C(1) above that it is not required to do so, in lieu of the information
required to be submitted pursuant to paragraph A of this rule, provide the Carrier, not later than the deadline for shipper
submission of cargo information under paragraph B of this rule, with a written certification stating that the required
inbound cargo declaration data for its cargo has been transmitted to the U.S. Customs Service in a timely and accurate
17
manner. Such certification shall describe the cargo tendered with sufficient specificity (including container number)
that Carrier may readily identify such cargo.
2. NVOCC Co-Loading. For purposes of this paragraph, the term 'Master NVOCC' shall mean the NVOCC that is the
customer of the Carrier and tenders co-loaded cargo to the Carrier in its name. In the event the Master NVOCC
submits cargo declaration data for co-loaded cargo directly to the Customs Service, it shall do so for all NVOCCs with
which it co-loads. In the event the Master NVOCC does not submit cargo declaration data for co-loaded cargo directly
to the Customs Service but NVOCCs with which it co-loads transmit cargo declaration data for their cargoes directly to
the Customs Service, it shall be the obligation of the Master NVOCC to provide Carrier with the certification described
in subparagraph C(1) with respect to all co-loaded cargo tendered to Carrier by the Master NVOCC.
3. All NVOCCs shall be subject to Paragraphs D and E of this rule.
D. FAILURE TO PROVIDE INFORMATION; DENIAL OF PERMISSION TO
LOAD CARGO.
1. In the event Carrier fails to provide the required inbound cargo declaration data to the U.S. Customs Service for all
cargo to be loaded on its vessel within the time period required by Customs Service regulations it may, among other
things, be assessed a civil penalty, denied permission to unload the cargo for which information was not timely
provided, and/or denied permission to unload any cargo from the vessel on which the cargo is moving. Accordingly,
Carrier may refuse to load any cargo tendered to it for which it has not received either (i) the data required by
paragraph A of this rule by the deadline specified pursuant to paragraph B; or (ii) the certification required by
paragraph C of this rule by the deadline specified therein.
2. Any and all costs incurred by Carrier with respect to cargo in its possession which is not loaded due to the nonprovision of information or certification, or which is not loaded pursuant to the instructions of the U.S. Customs
Service (regardless of whether or not the required data or certification has been provided for such cargo), including but
not limited to inspection, storage and/or re-delivery costs, shall be for the account of the cargo. Carrier shall have a lien
on cargo in its possession for amounts due hereunder and may hold cargo until such amounts (and any other unpaid
freights or charges) are paid or sell such cargo after a reasonable period. In the event Carrier is forced to take legal
action to collect amounts due hereunder, Carrier shall be entitled to recover all costs (including reasonable attorneys'
fees and expenses) incurred in connection with such legal action.
E. INDEMNIFICATION OF CARRIER.
If Carrier is assessed a civil penalty or fine or is denied permission to unload cargo, because of the failure of any and all
shippers, consignees, cargo owners, NVOCCs, shippers' associations and their agent(s) to provide the information
required by this rule and/or by the regulations or guidelines of the U.S. Customs Service in a complete and accurate
manner, then such shippers, consignees, cargo owners, NVOCCs, shippers' associations and their agent(s)shall be
jointly and severally liable to indemnify and reimburse Carrier for any such penalty or fine and any and all costs,
damages or liability, direct, indirect, special or consequential, incurred by the Carrier as a result of the denial of
permission to unload cargo or any delays related thereto. Carrier shall have a lien on cargo in its possession for
amounts due hereunder and may hold cargo until such amounts (and any other unpaid freights or charges) are paid or
sell such cargo after a reasonable period. In the event Carrier is forced to take legal action to collect amounts due
hereunder, Carrier shall be entitled to recover all costs (including attorneys' fees) incurred in connection with such legal
action.
F. CONFIDENTIALITY. Carrier acknowledges that the information required by the Customs Service may constitute
confidential information that is not generally available to the public. Carrier, in accordance with the requirements of
Section 10(b)(13) of the Shipping Act of 1984, as amended, will keep confidential, to the extent permitted by law, all
Shipper bill of lading information, including information related to underlying shippers and commodities in respect of
containers of less than container load cargo containing shipments by more than one Shipper.
G. DOCUMENTATION CHARGES. See Rule Nos. 2-150 for charges to apply.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-180:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No.001 - Between (US and World)
U.S. CUSTOMS RELATED CHARGES
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Shippers must comply with all customs and consular regulations. Any fine or penalty imposed by government
authorities for failure to comply with customs or consular regulations shall be at the expense of shipment, or merchant.
Goods which are not cleared through customs for any reason may be cleared by Carrier at the expense of the shipment
or merchant and may be warehoused at the risk and expense of the shipment or merchant or may be turned over to the
Customs authorities without any further responsibility on the part of the Carrier.
18
NRA’s are not inclusive of U.S. Customs related charges, such as, but not limited to, Customs clearance assessments,
USDA/FDA/US customs examination, X-ray, insurance, storage, forwarding charges, drayage, demurrage, bonded
warehousing, formal customs entry, if required, or tax and duties. Any such accrued U.S. Customs related charges shall
be at the expense of the shipment, cargo or merchant.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-190:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No.001 - Between (US and World)
FDA PRIOR NOTICE
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
A. Prior Notice and Registration Requirements:
Pursuant to regulations effective December 12, 2003 (see 21 C.F.R. Parts 1 and 20), the FDA must be provided with
notice of food that is imported or offered for import into the United States (i.e., the continental U.S., Alaska, Hawaii
and Puerto Rico) by water at least eight (8) hours prior to vessel arrival.. The term "food" means: (i) articles used for
food or drink for man or other animals; (ii) chewing gum; and (iii) and articles used for components of food or chewing
gum (see 21 U.S.C. Sec. 321(f). However, the term does not include meat products, poultry products, and eggs products
that are subject to the exclusive jurisdiction of the U.S. Department of Agriculture. In addition to prior notice of food
shipments, the new FDA regulations require that U.S. and foreign facilities which are engaged in the manufacturing,
processing, packing, or holding of food for consumption in the United States ("subject facilities") register with the
FDA.
B. Responsibility for Prior Notice and Registration:
It shall be the responsibility of the shipper and/or consignee named in Carrier's bill of lading (hereinafter collectively
referred to as the "Cargo Interests"), to ensure that prior notice of any shipment of food (as that term is defined in
Paragraph A) imported or offered for import into the U.S. is provided to the FDA in accordance with applicable
regulations and that any subject facility (other than a subject facility of Carrier) which has manufactured, processed,
packed or held such food shipment has registered with the FDA in accordance with applicable regulations.
C. Evidence of Compliance:
With respect to any food shipment for which a prior notice confirmation number (“PN Number”) is required to be
provided to the Bureau of Customs and Border Protection (“CBP”), FDA, or any other government agency upon
arrival, it shall be the responsibility of Cargo Interests to ensure that such PN Number has been provided to the required
agencies and other persons prior to vessel arrival. In addition, Cargo Interests shall be required to provide Carrier with
the PN Number immediately upon written request of Carrier.
D. Failure to Comply:
1. In the event that any food shipment is delayed or refused entry into the United States due to the failure to provide
adequate prior notice or the failure of a subject facility to register with the FDA, it is expected that notice of refusal will
be provided to Carrier by the FDA and/or CBP. Carrier will use best efforts to promptly transmit the notice received
from the authorities to the Cargo Interests, who shall be responsible for transmitting such notice to any other persons
with an interest in the cargo. Carrier shall not be liable for any delay in the transmission of, or failure to transmit, such
notice or any consequences thereof.
2. In the event that any food shipment is delayed or refused entry into the United States due to the failure to provide
adequate prior notice or the failure of a subject facility (other than a subject facility of Carrier) to register with the
FDA, or if it is determined that cargo which should have been refused entry has been permitted to enter the United
States, then the Cargo Interests shall be jointly and severally liable to indemnify, hold harmless, and reimburse Carrier
(and by booking a shipment with Carrier do thereby agree to indemnify, hold harmless and reimburse Carrier) for any
and all costs, expenses, liabilities, damages, or losses incurred by the Carrier as a result of such non-compliance
including, but not limited to, costs of complying with orders and directions of FDA and/or CBP, costs for handling and
storing cargo, demurrage, subsequent transport of the cargo by any mode of transportation, and fines and penalties.
Carrier shall have a lien on cargo in its possession for amounts due hereunder and may hold cargo until such amounts
(and any other unpaid freights or charges) are paid or sell such cargo after a reasonable period. In the event Carrier is
forced to take legal action to collect amounts due hereunder, or to defend any action resulting from actions or events
covered by this indemnification, Carrier shall be entitled to recover all costs (including attorneys' fees) incurred in
connection with such legal action. For purposes of this paragraph, the indemnification provided to Carrier shall also
extend to its agents, affiliates, contractors, employees, vessel-sharing partners, slot charterers, vessel owners, and
insurers.
(RETURN TO TABLE OF CONTENTS)
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010821-004:
Amendment No.: O
Rule 2-200:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No.001 - Between (US and World)
Cargo Roll-Over Fee
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Carrier will require complete and accurate shipping instructions by the “Document Due By Date” mentioned on the
NRA, Booking Confirmation / Rate Confirmation document. If not received by the “Document Due By date”, cargo
will be rolled/postponed to the next available vessel and all costs associated with the postponement (handling, storage,
demurrage, etc.) will be billed to the Shippers/Owners Account.
A Cargo Roll-Over Fee of $200.00 shall be charged.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 2-210:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No.001 - Between (US and World)
Free Time Detention / Demurrage / Storage
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Goods received at break-bulk terminal, CFS or CY are subject to free time and detention, demurrage, or storage
provisions of the appropriate port terminal tariff or ocean common carrier tariff, as well as, an administration handling
fee of USD 50.00 per day. In the absence of such tariff, the free time and charges contained in the closest public port
terminal tariff will apply, as well as, an administration handling fee of USD 50.00 per day. Should there be no port
terminal tariff or public port terminal tariff to apply, the free time allowed shall be as follows:
Export: Per diem, free time for export is 3 working days from pick up of equipment, thereafter USD 150.00 per day, as
well as, an administration handling fee of USD 50.00 per day.
Import: Demurrage, free time shall be 3 working days from availability of equipment at the port, thereafter USD 150.00
per day, as well as, an administration handling fee of USD 50.00 per day.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 3:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Rate Applicability Rule
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
The rules and charges applicable to a given shipment must be those in an NRA and in effect when the cargo is received
by the ocean carrier or its agent (including originating carriers in the case of NRAs for through transportation). A
shipment shall not be considered as “received” until the full bill of lading quantity has been received.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 4:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Heavy Lift
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Not Applicable.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 5:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Extra Length
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Not Applicable.
(RETURN TO TABLE OF CONTENTS)
20
010821-004:
Amendment No.: O
Rule 6:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Minimum Bill of Lading Charges
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
The minimum charge per Bill of Lading, unless otherwise provided, shall be the charge for one ton of the commodity
being shipped, exclusive of all surcharges, as follows:
Los Angeles to Keelung, Taiwan: $145.00 (All Inclusive)
Los Angeles to Hong Kong: $125.00 (All Inclusive)
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 7:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Payment of Freight Charges
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
A. CURRENCY
Rules and charges are quoted in U.S. Currency and have been determined with due consideration to the relationship of
U.S. currency to other currencies involved. In the event of any material change in this relationship, carrier reserves the
right, upon publications in conformity with the provisions of the U.S. Shipping Act of 1984, as amended, to adjust the
NRA’s and charges as required.
B. PAYMENT IN U.S. DOLLARS
Except as otherwise provided, freight and charges shall be prepaid in the United States in US currency.
C. METHODS OF PAYMENT
Payment for freight or charges due the carrier must be payable in legal tender or, at carrier's option, by check or bank
draft acceptable by carrier's bank for immediate credit without charges.
D. PREPAID FREIGHT
1. When freight monies and charges are prepaid, such payment shall be made not later than the time of release of any
original Ocean Bill of Lading by the carrier to the shipper or his duly authorized licensed Freight Forwarder or Agent
acting in his behalf.
2. When freight and charges are billed prepaid they shall be paid in U.S. dollars.
E. FREIGHT COLLECT
All freight and charges which are billed on a freight collect basis must be paid in full in U.S. Dollars, or in a currency
acceptable to the carrier provided such currency shall be unblocked, freely convertible and freely remittable free of tax
into U.S. Dollars, for the complete originally issued Bill of Lading quantity prior to release of cargo or any portion
thereof.
F. CURRENCY CONVERTABILITY:
1. Conversion Provisions:
In addition to the United States Dollars, freight monies and charges may be billed and paid in foreign currencies,
provided they are freely convertible and remittable and free of tax.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 8:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Bill(s) of Lading
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Carrier’s bill of lading includes the following clauses on its front side:
RECEIVED by the Carrier the Goods as specified above in apparent good order and condition unless
otherwise stated, to be transport to such place as agreed, authorized or permitted herein and subject to all
the terms and conditions appearing on the front and reverse of this Bill of Lading to which the Merchant
agrees by accepting this Bill of Lading, and local privileges and customers notwithstanding. The particulars
given above as stated by the shipper and the weight, measure, quantity, condition, contents and value of the
Goods are unknown to the Carrier.
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IN WITNESS whereof three (3) original Bills of Lading have been signed if not otherwise stated above, the
same being accomplished the other(s), if any, to be void. If required by the Carrier one (1) original Bill of
Lading must be surrendered duly endorsed in exchange for the Goods of delivery order.
For terms and conditions of Carrier's bill of lading, as printed on its reverse side, please see Rule 8-10.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 8-10:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Bill(s) of Lading Terms and Conditions
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
1. DEFINITIONS:
"Vessel" means the intended Ocean Vessel named on the front hereof and any vessel, craft, lighter or other
means of conveyance which is or shall be substituted in whole or in part by the Carrier and also includes any other
Vessels onto which Goods may be loaded for the purpose of being transported thereon in furtherance of the carriage
covered by this Bill of Lading or any part thereof.
“Carrier” means Universal Cargo Management Inc., acting as a non-vessel operating common carrier, as
defined under the Shipping Act of 1984, 46 App. U.S.C. § 1702(17)(B).
"Merchant" includes the shipper, consignor, consignee, exporter, importer, the holder of the Bill of Lading
and/or the receiver or the owner of the Goods, a factor or financial lender, any person entitled to possession of the
Goods, any Person having a present or future interest or delivery of the Goods or any Person acting on behalf of any of
the above-mentioned Persons.
"Container" includes container, flat, pallet and any other receptacle for Goods (excluding a ship, a rail or road
vehicle or an aircraft but including a trailer towed or intended to be towed by a road vehicle) supplied or intended to be
supplied by or on behalf of the carrier or the carriage of cargo.
"Charges" includes freight, demurrage, and all expenses and monetary obligations incurred and payable by
the Merchant.
"Package" is the largest individual unit of partially or completely covered or contained cargo made up by or
for the Merchant which is delivered and entrusted to Carrier, including palletized units and each container packed and
sealed by the Merchant or on its behalf, although the Merchant may have furnished a description of the contents of such
sealed container(s) on this bill of lading.
"Place of Receipt", "Intended Port of Loading", "Intended Port of Discharge" and "In tended Place of
Delivery", means respectively the place of receipt, port of loading (ocean vessel), port of discharge (ocean vessel) and
place of delivery nominated on the front hereof.
The term "Goods" means the whole or any part of the cargo described on the fact of this Bill of Lading and, if
the cargo is packed into container(s) supplied or furnished by or on behalf of the Merchant, includes the container(s) as
well.
2. CLAUSE PARAMOUNT:
A. To and From non-United States Ports. As far as this Bill of Lading covers the Carriage of Goods by sea to and
from non-United States ports by the Carrier and any Participating Carrier, the Contract evidenced in this Bill of Lading
shall have effect subject to the Hague-Visby Rules, if and as enacted in the country of shipment and any legislation
making those Rules compulsorily applicable to this Bill of Lading shall be deemed incorporated herein and made part
of this Bill of Lading contract. When no such enactment is in force in the country of shipment, the Hague-Visby Rules
will apply. The Hague-Visby Rules shall also govern before the Goods are loaded on and after they are discharged from
the vessel and throughout the entire time the Goods are in the actual custody of the Carrier or Participating Carrier. The
Hague-Visby Rules shall also apply to the Carriage of Goods by inland waterways and reference to carriage by sea in
such Rules or legislation shall be deemed to include reference to inland waterways.
B. To or From United States Ports. If the Carriage called for in this Bill of Lading is a shipment to or from the United
States, the liability of the Carrier shall be exclusively determined pursuant to COGSA; the Pomerene Act [49 U.S.C.
§80101 et. seq.] for both export and import cargo moving to/from the United States; and Article 7-301 of the Uniform
Commercial Code. The provisions cited in the Hague Rules and COGSA shall also govern before the Goods are loaded
on and after they are discharged from the Vessel and throughout the entire time the Goods are in the actual custody of
the Carrier or Participating Carrier.
C. Other Applicable Laws. The Carrier shall be entitled to (and nothing in this Bill of Lading shall operate to deprive
or limit such entitlement) the full benefit of, and rights to, all limitation of and exclusions from liability and all rights
conferred or authorized by any applicable law, statute or regulation of any country (including, but not limited to, where
applicable any provisions or sections 4281 to 4287, inclusive, of the Harter Act of the United States of America and
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amendments thereto and where applicable any provisions of the laws of the United States of America) and without
prejudice to the generality of the foregoing also any law, statute of regulation available to the Owner of the vessel on
which the Goods are carried.
3. LIMITATION OF LIABILITY: Insofar as loss of or damage to or in connection with the Goods is caused during
the part of the custody or carriage, such compensation shall be calculated as follows:
A. Where the Hague-Visby Rules apply hereunder by national law by virtue of clause 2, the Carrier’s liability shall in
no event exceed the amounts provided in the applicable national law.
B. Where Carriage includes Carriage to, from or through a port in the United States of America and US COGSA
applies by virtue of clauses 2, Carrier shall not in any event be or become liable in an amount exceeding US$500 per
Package or customary freight unit.
C. Where the British International Freight Association (BIFA) rules apply by virtue of clauses 2, Carrier’s
compensation shall not exceed the limitation of liability of 2 SDR per kilo of the gross weight of any Goods lost or
damaged by reference to the invoice value of the Goods plus Freight and insurance if paid. If there is no invoice value
of the Goods or if any such invoice is not bona fide, such compensation shall be calculated by reference to the value of
such Goods at the place and time they are delivered or should have been delivered to the Merchant. The value of the
Goods shall be fixed according to the current market price, by reference to the normal value of goods of the same kind
and/or quality.
IF NO LIMITATION AMOUNT IS APPLICABLE UNDER ANY OF THE ABOVE RULES OR LEGISLATION,
THE LIMITATION SHALL BE US$500 PER PACKAGE OR CUSTOMARY FREIGHT UNIT.
4. CARRIER'S RESPONSIBILITY:
A. PORT TO PORT SHIPMENT: Except as otherwise provided herein, the Carrier's responsibility for Goods shall
commence at the time when such Goods are received by the Carrier at the Port of Loading and shall terminate when
such Goods are delivered by or on behalf of the Carrier at the intended Port of Discharge. Notwithstanding the above
where the Space(s) entitled "Place of Receipt" and/or "Place of Delivery" on the face hereof are completed, the contract
contained in or evidenced by this Bill of Lading is for through transportation from and/or to the place(s) so named and
the Carrier's responsibility shall then commence at the time when the Goods are delivered at the Place of Delivery so
named (if any) and/or terminate when the Goods are delivered at the Place of Delivery so named (if any). The
Merchant constitutes the Carrier as agent to enter into contracts on behalf of the Merchant with other for transport,
storage, handling or any other services in respect of the Goods prior to loading and subsequent to discharge of the
Goods from the vessel without responsibility for any act or omission whatsoever on the part of the Carrier or others and
the Carrier may as such agent, enter into contracts with other on any terms whatsoever including terms less favorable
than the terms in this Bill of Lading.
B. COMBINED TRANSPORT: Except as otherwise provided in this Bill of Lading, the Carrier shall be liable for
loss of or damage to the Goods occurring from the time that the Goods are taken into his charge until the time of
delivery to the extent set out below:
(1)
Where the stage of Carriage where the loss or damage occurred cannot be proved:
(I) The Carrier shall be entitled to rely upon all exclusions of liability under the rules or legislation that would have
applied under 5(A)(a) above had the loss or damage occurred at sea or, if there was no carriage by sea, under the Hague
Rules (or COGSA).
(II) Where under (1) above, the Carrier is not liable in respect of some of the factors causing the loss or damage, it shall
only be liable to the extent that those factors for which it is liable have contributed to the loss or damage.
(III) Where the Hague Rules (or any legislation applying such rules or Hague-Visby Rules such as COGSA) is not
compulsorily applicable the Carrier’s liability shall not exceed US $2.00 per kilo of the gross weight of the Goods lost,
damaged or in respect of which the claim arises or the value of such Goods, whichever is the lesser.
(IV) The value of the Goods shall be determined according to the commodity exchange price at the place and time of
delivery to the Merchant or at the place and time when they should have been so delivered, or, if there is no such price,
according to the current market price be reference to the normal value of the Goods of the same kind and quality, at
such place and time.
(2)
Where the stage of Carriage where the loss or damage occurred can be proved:
(I) The liability of the Carrier shall be determined by the provisions contained in any international convention of
national law of the country which provisions,
(II) cannot be departed from by private contract to the detriment of the Merchant (III) would have applied if the
Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of Carriage where
the loss or damage occurred and had received as evidence thereof any particular document must be issued in order to
make such international convention or national law applicable, and,
(IV) where neither (I) or (II) above shall apply any liability or the Carrier shall be determined by 5(C)(a) above.
C. DELAY, CONSEQUENTIAL LOSS: Except as otherwise provided herein, the Carrier shall in no circumstances
be liable for direct, indirect or consequential loss or damage by delay or any other cause whatsoever and howsoever
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caused. Without prejudice to the foregoing, if the Carrier is found liable for delay, liability shall be limited to the
freight applicable to the relevant stage of the transport.
D. AD VALOREM DECLARED VALUE OF PACKAGES OR SHIPPING UNIT: The Carrier’s liability may be
increased to higher value by a declaration in writing of the value of the Goods by the Merchant upon delivery to the
Carrier of the Goods for shipment. Such higher value being inserted on the front of this Bill of Lading in the space
provided for and, if required by the Carrier, extra freight paid in such case. If the actual value of the Goods shall exceed
such declared value, the value shall nevertheless be deemed to be the declared value and the Carrier’s liability, if any,
shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such
declared value.
E. RUST, ETC: It is agreed that superficial rust, oxidation or any like condition due to moisture is not a condition of
damage but is inherent to the nature of the Goods and acknowledgement of receipt of the Goods in apparent good order
and condition is not a representation that such conditions of rust, oxidation or the like did not exist on receipt.
F. NOTICE OF LOSS OR DAMAGE: The Carrier shall be deemed prima facie to have delivered the Goods as
described in this Bill of Lading unless notice of loss or damage to the Goods indicating the general nature of such loss
or damage shall have been given in writing to the Carrier or to his representative at the place of delivery before or at the
time of removal of the Goods into the custody of the person entitled to delivery thereof under this Bill of Lading or, if
the loss or damage is not apparent within three consecutive days thereafter.
5. REFRIGERATED CARGO: Goods of a perishable nature shall be carried in ordinary containers without special
protection, services or other measures unless there is noted on the reverse side of this Bill of Lading that the goods will
be carried in a refrigerated, heated, electrically ventilated or otherwise specially equipped container or are to receive
special attention in any way. Carrier shall not be liable for any loss of or damage to Goods in a special hold or container
arising from latent defects, derangement, breakdown, or stoppage of the refrigeration ventilation or heating machinery,
insulation, ship's plant, or other such apparatus of the vessel or Container, provided that Carrier shall before or at the
beginning of the Carriage exercise due diligence to maintain the special hold or Container in an efficient state.
Merchant undertakes not to tender for transportation any goods which require temperature control without previously
giving written notice of their nature and the required temperature setting of the thermostatic controls before receipt of
the goods by Carrier. In the case of a temperature controlled Container stuffed by or on behalf of the Merchant,
Merchant further undertakes that the Container has been properly pre-cooled, that the Goods have been properly stuffed
in the Container, and that its thermostatic controls have been properly set by the Merchant before receipt of the Goods
by the Carrier. Merchant's attention is drawn to the fact that refrigerated containers are not designed to freeze down
cargo which has not been presented for packing at or below its designated carrying temperature. Carrier shall not be
responsible for the consequences of cargo tendered at a higher temperature than that required for the transportation. If
the above requirements are not complied with, Carrier shall not be liable for any loss of or damage to the goods
whatsoever. .
6. CARGO STOWED IN CONTAINERS BY MERCHANTS: The Carrier shall not be responsible for the safe and
proper stowing of cargo in containers if such containers are loaded with cargo by Merchant, consolidator or inland
carrier, and no responsibility shall attach to the Carrier for any loss or damage caused to contents by shifting,
overloading or improper packing of the container. Containers loaded by the Merchant or their agent shall be properly
sealed and the seal identification reference, as well as the container reference, shall be shown herein. The merchant,
consolidator or inland carrier shall inspect containers before loading them and loading of the containers shall be prima
facie evidence that the containers were sound and suitable for use. Carrier has the right but not the obligation to open
and inspect the containers at any time without notice to Merchant, and expenses resulting from such inspections shall
be borne by Merchant. Merchant warrants that the stowage and seals of the containers are safe and proper and suitable
for handling and carriage and indemnifies Carrier for any injury, loss or damage caused by breach of this warranty. The
Carrier will not be liable in any event for the particulars furnished by the Merchant as shown on the face of this Bill of
Lading. This Bill of Lading is a receipt only for the number of containers, packages or pieces as shown on the face of
this Bill of Lading. The Carrier has counted only the number of containers (If container received already loaded) or the
number of packages or pieces (if the Carrier has loaded the container) and under no circumstances shall the Bill of
Lading be prima facie evidence of the marks, quantity, weight, description, measurement and other particulars
furnished by the Merchant. Delivery shall be deemed as full and complete performance when the containers are
delivered by Carrier with the seals intact.
The Merchant shall defend, indemnify and hold harmless the Carrier against any loss, damage, claim,
liability, or expense whatsoever arising from one or more of the following matters: loss or damage caused by the
manner in which the Container has been stuffed; loss or damage caused by the unsuitability of the Goods for Carriage
in Containers; loss or damage caused by the unsuitability or defective conditions of the Container, provided that where
the Container has been supplied by or on behalf of the Carrier, this paragraph shall only apply if the unsuitability or
defective condition would have been apparent upon reasonable inspection by the Merchant at or prior to the time when
the Container was stuffed; and loss or damage if the Container is not sealed at the commencement of the Carriage
except where the Carrier has agreed to seal the Container.
24
7. OPTIONS OF THE CARRIER:
A. Subcontracting: The Carrier shall be entitled to subcontract on any terms the whole or any part of the handling,
storage or carriage of the Goods and any and all duties whatsoever undertaken by the Carrier in relation to the Goods.
The Merchant shall defend, indemnify and hold harmless the Carrier against any claims, which may be made upon the
Carrier by any servant, agent or subcontractor of the Carrier in relation to the claim against any such person made by
the Merchant. The provisions of COGSA or its applicable foreign equivalent at point of origin or destination shall
apply by agreement of the parties to all agents, contractors, and subcontractors, including but not limited to, draymen,
truckers, and stevedores, prior to the loading of and after the unloading of the cargo. Without prejudice to the
foregoing, every such servant, agent and subcontractor shall be entitled to the same rights, exceptions, exemptions,
defenses, immunities, limitations of liability, privileges and conditions granted or provided by this Bill of Lading, tariff
or statute, including but not limited to the provisions of COGSA or its applicable foreign equivalent, to which Carrier is
entitled and for the benefit of the Carrier as if such provisions were expressly for their benefit, and in entering into this
contract the Carrier, to the extent of these provisions, does so not only on his Own behalf but also as agent and trustee
for such servants, agents and subcontractors. The above shall also apply to and for the benefit of the officers and
employees of the Carrier and the agents, officers and crew of the vessel and to and for the benefit of all parties
performing services in connection with the Goods as agents or contractors of the Carrier (including, without limitation,
stevedores, terminal operators, and agents) and the employees of each of them. By entering into this contract, the
Carrier, to the extent of these provisions, does so not only on his own behalf, but also as agent or trustee for such
Persons and vessels, and such Persons and vessels shall to this extent be deemed parties to this contract.
B. Route and Tran-shipment: The Carrier may at anytime and without notice to the Merchant, use any means of
transport or storage in any reasonable manner and by any reasonable means, methods and routes, including but not
limited to, inland carriage by truck, rail and/or air; load or carry the Goods on any vessel, whether named on the front
hereof or not; transfer the Goods from one conveyance to another, including transshipping or carrying the same on
another vessel than that named on the front hereof or by any other means of transport whatsoever; at any place unpack
and remove Goods which have been stuffed in or on a Container and forward the same in any manner whatsoever;
proceed at any speed and by any route in Carrier’s discretion (whether or not the nearest, direct, customary, advertised,
or published route) and proceed to or stay at any place whatsoever once or more often and in any order; load or unload
the Goods from any conveyance at any place (whether or not the place is a port named on the front hereof as the
intended Port of Loading or intended Port of Discharge); comply with any orders or recommendations given by any
government, authority, or any Person or body acting or purporting to act as or on behalf of such government or
authority, or having under the terms of the insurance on the conveyance employed by the Carrier, the right to give
orders or directions; permit the vessel to proceed with or without pilots, save or attempt to save life or property, adjust
navigational instruments, make trial trips, go to repair yards, shift berths, take in fuel or stores, embark or disembark
any persons to tow or be towed, or to be dry-docked; permit the vessel to carry livestock, Goods of all kinds, dangerous
or otherwise, contraband, explosives, munitions or warlike stores, and sail armed or unarmed. These liberties may be
invoked by the Carrier (without notice to the Merchant), either with or without the goods on board, for any purposes
whatsoever, whether or not connected with the Carriage of the Goods. Any act involving delays resulting from such
activities shall not be deemed a deviation of whatsoever nature or degree.
C. Conditions affecting Performance:
(1)
Carrier shall use reasonable endeavors to complete transport and to deliver the goods at the place designated
for delivery. If at any time the performance of this contract as evidenced by this Bill of Lading in the opinion of
Carrier is or will be affected by any hindrance, risk, delay, injury, difficulty or disadvantage of any kind including
strike and if by virtue of the above it has rendered or is likely to render it in any way unsafe, impracticable, unlawful, or
against the interest of Carrier to complete the performance of the contract, Carrier, whether or not the transport is
commenced, may without notice to Merchant elect to:
i.
treat the performance of this contract as terminated, abandon the Carriage of the Goods and place
the goods, or any part of them, at Merchant's disposal at any place which the Carrier shall deem safe and convenient,
whereupon the responsibility of the Carrier in respect of such Goods shall cease; or
ii.
continue the Carriage and deliver the goods at the place of delivery. In any event, Carrier shall be
entitled to full freight for any goods received for transportation and additional compensation for extra costs resulting
from the circumstances referred to above.
(2)
If, after storage, discharge, or any actions taken above, Carrier makes arrangements to store and/or forward
the goods, it is agreed that he shall do so only as agent for and at the sole risk and expense of Merchant without any
liability whatsoever in respect of such agency. Merchant shall reimburse Carrier forthwith upon demand for all extra
freight charges and expenses incurred for any actions taken according to sub-part 7C(1), including delay or expense to
the Ship, and Carrier shall have a lien upon the goods to that extent.
(3)
The situations referred to in sub-part 7C(1) above shall include, but shall not be limited to, those caused by
the existence or apprehension of war declared or undeclared, hostilities, riots, civil commotions, or other disturbances,
closure of, obstacle in, or danger to any port or canal, blockade, prohibition, or restriction on commerce or trading
quarantine, sanitary, or other similar regulations or restrictions, strikes, lockouts or other labor troubles whether partial
or general and whether or not involving employees of Carrier or its Subcontractors, congestion of port, wharf, sea
25
terminal, or similar place, shortage, absence or obstacles of labor or facilities for loading, discharge, delivery, or other
handling of the goods, epidemics or diseases, bad weather, shallow water, ice, landslip, or other obstacles in navigation
or carriage.
(4)
Carrier, in addition to all other liberties provided for in this Article, shall have liberty to comply with orders,
directions, regulations or suggestions as to navigation or the carriage or handling of the goods or the ship howsoever
given, by any actual or purported government or public authority, or by any committee or person having under the
terms of any insurance on the Ship, the right to give such order, direction, regulation, or suggestion. If by reason of
and/or in compliance with any such order, direction, regulation, or suggestion, anything is done or is not done the same
shall be deemed to be included within the contractual carriage and shall not be a deviation.
D. Variation of the Contract: Only Carrier's officers, directors, or agents with actual authority shall have power to
waive, vary, alter, or modify any terms herein. Any changes must be agreed upon in writing by Carrier and Merchant.
E. Stowage in Containers: Where the goods are not received by Carrier already in containers or the Carrier is
instructed to provide a Container, in the absence of a written request to the contrary, the Carrier is not under an
obligation to provide a Container of any particular type or quality. Goods may be stuffed by the Carrier and may be
stuffed with other Goods. Merchant shall be liable to Carrier for damage to Carrier's containers or equipment if such
damage occurs while such equipment is in control of Merchant or his agents. Merchant indemnifies Carrier for any
damage or injury to persons or property caused by Carrier's containers or equipment during handling by or when in
possession or control of Merchant.
F. On Deck Storage: Containers, whether goods therein be stowed by the Carrier or by the Merchant, and unit load
machinery not containerized may be carried on or under deck without notice to the Merchants and if they are so carried,
COGSA or the Hague Rules incorporated herein shall be applicable notwithstanding carriage on or under deck and the
Goods and/or containers shall contribute in General Average whether carried on or under deck.
G. Inspection of Goods: Upon cause, the Carrier or any person authorized by the Carrier shall be entitled, but under no
obligation, to open and inspect the Goods in any Container or package at any time.
8. GOVERNMENT DIRECTIONS, ETC.: The Carrier, Master and Vessel shall have liberty to comply with any
orders or directions as to loading, departure, arrival, routes, ports of call, stoppages, discharge, destination, delivery or
otherwise, howsoever given by the government of any nation or department thereof or any person acting or purporting
to act with the authority of such government or of any department thereof, or by any committee or person having, under
the terms of war risk insurance on the Vessel, the right to give such orders or directions shall be a fulfillment of the
contract voyage.
In addition to all other liberties herein, the Carrier shall have the right to withhold delivery of, reship to,
deposit or discharge the goods at any place whatsoever, surrender or dispose of the goods or permit inspection or other
control in accordance with any direction, condition or agreement imposed upon or extracted from the carrier by any
government or department thereof or any person purporting to act with the authority or either of them, In any of the
above circumstances, the Goods shall be solely at their risk and expense and all expenses and charges so incurred shall
be payable by the cargo owner or consignee and shall be a lien on the goods.
9. MERCHANTS RESPONSIBILITY: Merchants and their agents shall be jointly and severally liable to carrier for
any loss or damage to containers or Goods while in their possession or the possession of their agents. The Carrier shall
not in any event be liable for any loss, delay, damage or injury to the Goods, or to other property or to any persons
arising out of the use or handling of Carrier's containers by Merchant or their agent. Merchant shall defend, indemnify
and hold the Carrier harmless from and against any and all claims, loss, damage or fines on a container or the Goods
before delivery to the Carrier at the port of loading or between containers to the Carrier. If the goods are delivered in a
container, the Merchant undertakes to return the container promptly to the Carrier in the same condition as when
received from the Carrier. The Merchant warrants to the Carrier that the particulars relating to the Goods as set out
overleaf have been checked by the Merchant on receipt of this Bill of Lading and that such particulars, and any other
particulars furnished by or on behalf of the Merchant, are adequate and correct. The Merchant also warrants that the
Goods are lawful goods and contain no contraband. If the Container is not supplied by or on behalf of the Carrier, the
Merchant further warrants that the Container meets all ISO and/or other international safety standards and is fit in all
respects for Carriage by the Carrier. The Merchant shall defend, indemnify and hold harmless the Carrier for any
injury, loss or damage, including fines arising from Merchant’s failure to declare correctly herein any of the particulars
furnished by him, including marks, quantity and description of the goods, weight and cubic measurement of goods and
the exact total gross weight of container (container fare weight and cargo weight) and also for any kind of rerouting of
the Goods at the Merchant's request or for any other act, fault or neglect of the Merchant, his agent or his servants for
which the Carrier may become liable. If the container is discharged from the vessel with seals intact, the Carrier shall
not be liable for any loss or damage to contents of container unless it be proven that such loss or damage was caused by
the Carrier’s negligence.
Merchant shall defend, indemnify and hold harmless the Carrier against any loss or damage to the vessel or
cargo or to any persons or property caused by inflammable, explosive or dangerous goods, shipped with out full
disclosure of their nature, whether such Merchant be principal or agent and such Goods so shipped may be thrown
overboard or destroyed at any time without compensation
26
10. WARRANTY: Merchant warrants that in agreeing to the terms hereof it or its agent has the authority of the person
owning or entitled to the possession of the Goods or any person who has a present or future interest in the Goods.
11. FREIGHT AND CHARGES:
A. Pre-paid freight, whether actually paid or not, shall be earned upon receipt. Payment shall be in full and in cash
without any offset, counterclaim, deduction or stay of execution, in the currency named in this Bill of Lading, or
another currency at Carrier's option. Interest at 12% shall run from the date when freight and charges are due. If the
services of a freight forwarder are used for this transportation, those services shall be deemed to be performed as agent
of Merchant and payment of freight to the freight forwarder is not payment to Carrier. Full freight shall be paid on
damaged or unsound goods. In any referral for collection or action against Merchant for monies due to Carrier, upon
recovery by Carrier, Merchant shall pay the expenses of collection and litigation, including reasonable attorneys' fees.
B. The Merchant shall be liable for expenses of fumigation and of gathering and sorting loose cargo and of weighing on
board and expenses incurred in repairing damage to and replacing of packaging due to excepted causes and for all
expenses caused by extra handling of the cargo for any of the aforementioned reasons.
C. Any dues, duties, taxes and charges, which under any denomination may be levied on any basis such as amount of
freight, weight of cargo or tonnage of the Vessel shall be paid by the Merchant.
D. The Carrier shall be entitled to all freight and other Charges due hereunder, whether actually paid or not, and to
receive and retain them irrevocably under any circumstances whatsoever, whether the vessel and/or goods be lost or
not, or the voyage be broken up, or frustrated, or abandoned at any stage of the entire transit period or whether
Merchant has already made payment to the freight forwarder.
E. The Merchant shall be jointly and severally liable for all, and indemnify the Carrier against all dues, duties, fines,
taxes and Charges, including consular fees levied on the goods or all fines and/or losses sustained or incurred by the
Carrier in connection with the goods however caused, including the procedure consular, board of health, or other
certification to accompany the goods. Merchant shall be liable for return freight and charges on the goods if they are
refused export or import by any government.
F. The Carrier is entitled, and Merchant is liable, in case of incorrect declaration of contents, weight, measurements or
value of the Goods, to claim double the correct amount of freight which would have been due if such declaration had
been correctly given. For the purposes of ascertaining the actual facts, the Carrier reserves the right to obtain from the
Merchant the original invoice and to have the contents inspected and the weight, measurement or value verified.
Merchant will also be liable for the expenses incurred in determining and ascertaining the correct details.
G. Merchants shall be jointly and severally liable to Carrier for demurrage, detention, general order, advances and any
and all costs associated with the abandonment of the freight or a refusal of the consignee to make delivery whether or
not the front of this bill of lading has been marked "prepaid " or "collect " so long as freight and charges remain unpaid.
H. Merchants shall jointly and severally indemnify Carrier for all claims, fines, penalties, damages, costs and other
amounts which may be incurred or imposed upon Carrier by reason of any breach of Merchant of any of the provisions
of this Bill of Lading or of any statutory or regulatory requirements.
I. Merchant authorizes the Carrier to pay and/or incur all such Charges and expenses and to do any matters mentioned
above at the expense of and as agent for the Merchant, to engage other Persons to regain possession of the Goods, and
to do all things deemed advisable to the Carrier for payment of all Freight and Charges and for the performance of the
obligation of each of them hereunder.
12. GENERAL AVERAGE: General Average shall be adjusted at New York, or any other port at Carrier's option,
according to the York-Antwerp Rules of 1974. The General Average statement shall be prepared by adjusters appointed
by Carrier. The Amended Jason Clause as approved by BIMCO is incorporated herein, and the Merchant shall provide
such security as may be required by the Carrier in this regard. Notwithstanding the above, the Merchant shall defend,
indemnify and hold harmless the Carrier in respect of any claim, whether due to negligence or not, (and any expense
rising therefrom) of a General Average nature which may be made against the Carrier, and shall provide such security
as may be required by the carrier in this connection. If a salving vessel is owned or operated by Carrier, salvage shall
be paid for as fully as if the salving vessel or vessels belonged to strangers. The Carrier shall be under no obligation to
take any steps whatsoever to collect security for General Average contributions due to the Merchant.
13. LIEN: The Carrier shall have a general lien on all property (and documents relating thereto) of Merchant, in its
possession, custody or control or en route, for all claims (including past due amounts) for charges, expenses or
advances incurred by Carrier in connection with any shipments of Merchant. If such claim remains unsatisfied for 30
days after demand for its payment is made, Carrier shall be entitled to sell the goods privately or by auction, without
prior notice to the Merchant, as may be necessary to satisfy such lien and the costs of recovery, and apply the net
proceeds of such sale to the payment of the amount due Carrier. Any surplus from such sale shall be transmitted to
Merchant, and Merchant shall be liable for any deficiency in the sale.
14. WAREHOUSEMAN LIEN: If Goods go into demurrage, Carrier shall assume all rights of a warehouseman, and
this Bill of Lading shall constitute a warehouseman’s non-negotiable receipt. Goods will be delivered to the consignee
27
or other Person(s) entitled to receipt of the goods upon payment of all past due and current charges. If Goods are not
claimed within ten (10) days after demurrage commences, Carrier may exercise its warehouseman’s right to sell or
auction such Goods. Carrier may assert a general lien for Charges and expenses in relation to other Goods, whether or
not these Goods have been delivered by Carrier.
15. LAW AND JURISDICTION: Any claim or dispute arising under this Bill of Lading shall be determined
exclusively according to the laws of the United States and the Merchant agrees that any suits against the Carrier shall
be brought in the United States District Court for the Southern District of New York, which shall have exclusive
jurisdiction. The Carrier shall be entitled to avail itself of all the terms and conditions of onward carriers, including
such carriers’ forum selection and limits of liability. Carrier reserves the right to bring suit against the Merchant for the
collection of freight or other charges in any venue having jurisdiction over Merchant.
16. BOTH- TO-BLAME COLLISION CLAUSE:
If the vessel carrying the Goods (the carrying vessel) collides with any other vessel or object (the non-carrying vessel
or object) due to the negligence of the non-carrying vessel or object, or their owner(s), charterer(s), or Person(s)
responsible for the non-carrying vessel or object, the Merchant undertakes to defend, indemnify, and hold harmless the
Carrier against all claims, liability, costs, attorneys’ fees, and other expense arising there from, in respect of any loss,
damage, or claim whatsoever of the non-carrying vessel or object.
17. NOTICE OF CLAIM AND TIME BAR: Written notice of claims for loss of or damage to the Goods occurring
or presumed to have occurred while in the custody or control of Carrier must be given to Carrier at the port of discharge
before or at the time of removal of the Goods by one entitled to delivery. If such notice is not provided, removal shall
be prima facie evidence of delivery by the Carrier. If such loss or damage is not apparent, Carrier must be given written
notice within three (3) days of delivery. In any event, the Carrier shall be discharged from any liability unless suit is
brought in the United States District Court for the Southern District of New York within twelve (12) months after
delivery of the Goods, or the date when the Goods should have been delivered, unless such time bar is contrary to any
compulsorily applicable international convention or law, which shall apply.
18. CARRIER'S TARIFF(S) AND TERMS AND CONDITIONS OF SERVICE:
The goods carried under this Bill of Lading are also subject to all the terms and conditions of the tariff(s) on file
pursuant to the regulations of the United States Federal Maritime Commission or any other regulatory agency which
governs a particular portion of the carriage and the terms are incorporated herein as part of the terms and conditions of
this Bill of Lading. Copies of the Carrier's tariff(s) may be obtained from Carrier or its agents upon request or from the
governmental body with whom the tariff has been filed. In the case of inconsistency between this Bill of Lading and the
applicable tariff or the terms and conditions of service, this Bill of Lading shall prevail.
19. SEVERABILITY: If any provision in this Bill of Lading is held to be invalid or unenforceable by any court or
regulatory or self regulatory agency or body, such invalidity or unenforceability shall attach only to such provision.
The validity of the remaining provisions shall not be affected thereby, and this Bill of Lading contract shall be carried
out as is such invalid or unenforceable provisions were not contained herein.
20. SURRENDER AND NEGOTIABILITY OF BILL OF LADING: This Bill of Lading shall be non-negotiable
unless made out “to order,” in which event it shall be negotiable and shall constitute title to the Goods and the holder in
due course shall be entitled to receive or to transfer the Goods herein described. If required by the Carrier, the Bill of
Lading, duly endorsed, must be surrendered to the agent of the Carrier at the port of discharge, in exchange for delivery
order. This Bill of Lading shall be prima facie evidence of the Carrier’s receipt of the Goods as herein described.
However, proof to the contrary shall not be admissible when this Bill of Lading has been negotiated or transferred for
valuable consideration to a third party acting in good faith.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 9:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Freight Forwarder Compensation
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Carrier shall pay compensation as negotiated with shipper on applicable ocean freight charges to base ports, on cargo
loaded, including heavy lift and extra length revenue, but excluding all other charges, except as provided below, subject
to the following conditions and exceptions.
A. Compensation to be paid only to Freight Forwarders who are licensed or otherwise authorized by the Federal
Maritime Commission.
28
B. Compensation shall be paid only if the freight forwarder has performed, in addition to the solicitation and securing
of the cargo for the ship or the booking of, or otherwise arranging for space for such cargo, two or more of the
following services:
1) The coordination of the movement of the cargo to shipside
2) The preparation and processing of the ocean Bill of Lading
3) The preparation and processing of dock receipts or delivery orders
4) The preparation and processing of consular documents or export declarations
5) The payment of the ocean freight charges on the cargo
C. Compensation shall be paid upon presentation of a duly certified invoice and may not be deducted from ocean
freight and other charges due in accordance with rates and conditions in this Tariff.
D. Bills for compensation will not be honored unless presented to carrier within sixty days of the date of clearance of
vessel.
E. Compensation will not be paid on through Bill of Lading cargo originating at port of loading beyond the application
of this tariff.
F. No compensation shall be paid to anyone at port or ports of destination.
G. Freight Forwarders who are also Licensed Custom House Brokers shall be paid compensation as specified below
based on the aggregate of all NRA’s and charges applicable under this tariff, subject to the above conditions and
exceptions.
H. Freight Forwarder Compensation: as specified in the individual NRA).
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 10:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Surcharges and Arbitraries
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
See following sub-rules.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 10-A:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Alameda Corridor Charges
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Unless otherwise specified, all rail cargo moving through the ports of Los Angeles and Long Beach, through or into
Southern California, whether or not actually carried over the Alameda Corridor, shall be subject to Alameda Corridor
Charges as follows:
$30.00 per 20’ Standard Container
$40.00 per 40’ Standard and HC Container
$50.00 per 45’ HC Container
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 10-B:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Peak Season Surcharges
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
A Peak Season Surcharge shall apply as follows:
June 1 through November 30
$300.00 per 20’ Container
$450.00 per 40’ Container
$600.00 per 40’ HC Container
$800.00 per 45’ Container
(RETURN TO TABLE OF CONTENTS)
29
010821-004:
Amendment No.: O
Rule 10-C:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Emergency Bunker Surcharges
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
An Emergency Bunker Surcharge shall apply as follows:
June 1 through November 30
$300.00 per 20’ Container
$450.00 per 40’ Container
$600.00 per 40’ HC Container
$800.00 per 45’ Container
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 11:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Minimum Quantity Rates
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
When two or more NRA’s are named for the same commodity over the same route and under similar conditions, and
the application is dependent upon the quantity of the commodity shipped, the total freight charges assessed against the
shipment may not exceed the total charges computed for a larger quantity, if the NRA specifying a required minimum
quantity either weight or measurement per container or in containers and if the minimum set forth is met or exceeded.
At the shipper's option, a quantity less than the minimum level may be freighted at the lower NRA if, the weight or
measurement declared for rating purposes is increased to the minimum level.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 12:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Ad Valorem Rates
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
A. The liability of the Carrier as to the value of shipments at the NRA’s herein provided shall be
determined in
accordance with the clauses of the Carrier's regular Bill of Lading form.
B. If the Shipper desires to be covered for a valuation in excess of that allowed by the Carrier's regular Bill of Lading
form, the Shipper must so stipulate in Carrier's Bill of Lading covering such shipments and such additional liability
only will be assumed by the Carrier at the request of the Shipper and upon payment of an additional charge based on
the total declared valuation in addition to the stipulated NRA’s applying to the commodities shipped as specified
herein.
C. Where value is declared on any piece or package in excess of the Bill of Lading limit of value of $500.00 the Ad
Valorem rate, specifically provided against the item, shall be three (5%) percent of the value declared in excess of the
said Bill of Lading limit of value and is in addition to the base NRA.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 13:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Transshipment
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Not Applicable.
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30
010821-004:
Amendment No.: O
Rule 14:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No.001 - Between (US and World)
Co-Loading in Foreign Commerce
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
A. DEFINITION: For the purpose of this Rule "Co-Loading means the combining of cargo, in the import or export
foreign commerce of the United States, by two or more NVOCC's for tendering to the ocean carrier under the name of
one or more of the NVOCCs.
B. Carrier engages in co-loading by tendering cargo and/or receiving cargo from other NVOCC's.
C. When shipper's cargo is tendered for co-loading to other NVOCCs the tendering NVOCC shall be liable to the
shipper to the full extent provided in its Bill of Lading (See Rule No. 8) and such Bill of Lading liability shall not be
altered by co-loading.
D. Shippers are responsible for payment of NRA’s and charges only to the extent that such NRAs and charges are
provided in this tariff.
E. The carrier shall notify shippers that their cargo has been co-loaded by annotating each applicable Bill of Lading
with the following statement:
"Cargo covered by this Bill of Lading has been co-loaded with cargo of (Name(s) of other NVOCC's)."
F. Carrier-to-Carrier Co-loading - Carrier engages in co-loading under agreement(s) with one or more other NVOCC's.
G. Shipper-to-Carrier Co-loading - When carrier engages in co-loading on a shipper-to-carrier basis, carrier is
responsible for the payment of all charges assessed by the NVOCC to which cargo was tendered. Shipper is
responsible for freight and charges only to the extent that such are set forth in this tariff.
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010821-004:
Amendment No.: O
Rule 15:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Open Rates in Foreign Commerce
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Not Applicable.
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010821-004:
Amendment No.: O
Rule 16:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Hazardous Cargo
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
A) All commodities which the office of the Federal Register in their publication entitled "Code of Federal Regulations
(46 CFR 146.01-1) - Transportation or Storage of Explosives or other Dangerous Articles or Substances, and
Combustible Liquids on board Vessels" prescribed to be carried on cargo vessels on deck only, either in the open or
under cover, shall be charged the Dangerous or Hazardous Cargo, NRA; except where a specific NRA is provided for
in this tariff.
B) Shipments of inflammable and hazardous cargo referred to in this rule are subject to special booking and shall be
delivered at destination in accordance with regulations promulgated by Port Authorities and at the risk and expense of
the consignee and/or owners of the goods.
C) The transportation of explosives, will be governed by the United States Code of Federal Regulations, i.e. CFR Titles
49, Shipping Parts 100-199 as revised or superseding regulations, and to the extent applicable, the International
Maritime Dangerous Goods Code (IMCO) published by the Inter-Governmental Maritime Consultative Organization
101-103 Piccadilly, London, WIV, OAE, England as listed below:
1 - Explosives
2 - Gasses; Compressed, liquefied or dissolved under pressure
3 - Inflammable Liquids
4 - Inflammable Solids
5 - Oxidizing Substances and organic peroxide
6 - Poison and infectious substance
7 - Radioactive substance
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8 - Corrosives
9 - 10 - Agent Thomas A. Phemister, Water Carrier Tariff No. 32 ICC No. 32, FMC 27 (Dangerous
Articles
Tariff)
11 - Agent Thomas A. Phemister's Bureau of Explosives Tariff No. B.O.E. - 600, ICC No. B.O.E. - 600, FMC F No.
2B
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010821-004:
Amendment No.: O
Rule 17:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Green Salted Hides in Foreign Commerce
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Not Applicable.
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010821-004:
Amendment No.: O
Rule 18:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Returned Cargo in Foreign Commerce
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Not Applicable.
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010821-004:
Amendment No.: O
Rule 19:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Shippers Requests in Foreign Commerce
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Shipper request or complaints (including request for adjustment in NRA’s, tariff interpretation), must be made in
writing and addressed to the carrier as shown on the Title Page and/or Tariff Record.
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010821-004:
Amendment No.: O
Rule 20:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Overcharge Claims
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
A. Bill of Lading Commodity Description
Description of commodities on all Bills of Lading (which shall be verified by a comparison with the description of the
corresponding customs declaration) shall determine the NRA to be applied. The Bill of Lading description shall be
subject to correction in the event of mis-declaration of commodity.
B. Overcharges
For purpose of uniformity in handling claims for excess measurements, refunds will only be made as follows:
1. Where an error has been made by the dock in calculation of measurements.
2. Against re-measurement at port of loading prior to vessel's departure.
3. Against re-measurement by vessel's agent at destination.
4. By joint re-measurement of vessel's agent and consignee.
5. By re-measurement of a marine surveyor when requested by vessel's agent.
6. Re-measurement fees and cable expenses in all cases to be paid by party at fault.
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In cases of claims by shipper of overcharge in weight certified invoice or weighers certificate to be considered evidence
of proper weight. Written claims for adjustment will be acknowledged by the carrier within twenty days of receipt by
written notice to the claimant of the tariff provisions actually applied and the claimant's rights under the Shipping Act
of 1984.
Claims seeking the refund of freight overcharges may be filed in the form of a complaint with the Federal Maritime
Commission, Washington, D.C, 20573, within three years of the date of cause of action occurs.
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010821-004:
Amendment No.: O
Rule 21:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Use of Carrier Equipment
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Carrier does not own or lease equipment. When equipment is provided to shippers and/or consignees by Vessel
Operating Common Carriers (VOCCs) the VOCC, either directly or via the carrier, provisions as published by the
VOCC in its FMC tariff will be for the account of the cargo.
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010821-004:
Amendment No.: O
Rule 22:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Automobile Rates in Domestic Offshore Commerce
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Not Applicable.
(RETURN TO TABLE OF CONTENTS)
010821-004:
Amendment No.: O
Rule 23:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Carrier Terminal Rules and Charges
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Carrier does not operate terminals at origin or destination. Except as otherwise provided in NRA, all shipments will be
subject to the origin and destination terminal charges assessed by the underlying ocean carrier, including demurrage
charges, whose vessel will be clearly identified on bills of lading.
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010821-004:
Amendment No.: O
Rule 23-01:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
Destination Terminal Handling Charges
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
In destination countries where DTHC are required to be prepaid Carrier shall require the same prior to shipment.
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010821-004:
Amendment No.: O
Rule 24:
UNIVERSAL CARGO MANAGEMENT INC. –
FMC Tariff No. 004 - Between (US and World)
NVOCCs in Foreign Commerce: Bonds and Agents
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
A. Bonding of NVOCC
1. Carrier has furnished the Federal Maritime Commission a bond in the amount required by 46 CFR §§ 515, 521 to
33
ensure the financial responsibility of Carrier for the payment of any judgment for damages or settlement arising from
its transportation related activities or order for reparations issued pursuant to Section 11 of the Shipping Act, 1984 or
penalty assessed pursuant to Section 13 of the Act.
2. Bond No. 980403
3. Issued By: Great American Alliance Insurance Company
580 Wallut Street
Cincinnati, OH 45201
B. Agent for Service
1. Carrier's legal agent for the service of judicial and administrative process, including subpoenas is not applicable,
Carrier domiciled in the U.S. (See Title Page and/or Tariff Record).
2. In any instance in which the Carrier cannot be served because of death, disability or unavailability, the Secretary of
the Federal Maritime Commission will be deemed to be the Carrier’s legal agent for service of process.
3. Service of administrative process, other hand subpoenas, may be effected upon the Carrier by mailing a copy of the
documents to be served by certified or registered mail, return receipt requested.
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010821-004:
Amendment No.: O
Rule 25:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Certification of Shipper Status in Foreign Commerce
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
If the shipper or a member of a shipper's association tendering cargo to the Carrier is identified as an NVOCC, the
carrier shall obtain documentation that the NVOCC has a tariff and a bond on file with the US Federal Maritime
Commission as required by Sections 8 and 19 of the Shipping Acts of 1984 and 1998 before the Carrier accepts or
transports cargo for the account of the NVOCC.
A copy of the tariff rule published by the NVOCC and in effect under 46 CFR Part 520 and 532 will be accepted by the
Carrier as documenting the NVOCC's compliance with the FMC tariff and bonding requirements of the Acts.
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010821-004:
Amendment No.: O
Rule 26:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Reserved for Future Use
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
RESERVED FOR FUTURE USE
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010821-004:
Amendment No.: O
Rule 27:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Loyalty Contracts in Foreign Commerce
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Not Applicable.
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010821-004:
Amendment No.: O
Rule 28:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 004 - Between (US and World)
Definitions
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
CARRIER - means publishing carrier and/or inland U.S. Carriers.
CONSIGNOR, CONSIGNEE OR SHIPPER - include the authorized representatives or agents of such "consignor,"
"consignee," or "shipper."
CONTAINER FREIGHT STATION (CFS) - (Service Code S) -
34
a) At Origin - The location designated by the carrier where the carrier will receive cargo to be packed into containers
by the carrier, or his agent.
b) At Destination - The location designated by the carrier for the delivery of containerized cargo to be unpacked from
said containers.
CONTAINER LOAD - (CL) - Means all cargo tendered to carrier in shipper-loaded containers.
CONTAINER YARD - The term "Container Yard" (CY) (Service Code Y), means the location where carrier receives
or delivers cargo in containers.
CONTROLLED TEMPERATURE - means the maintenance of a specific temperature or range of temperatures in
carrier's trailers.
DRY CARGO - means cargo other than that requiring temperature control.
IN PACKAGES - shall include any shipping form other than “in bulk,” “loose,” “in glass or earthenware, not further
packed in other containers” or “skids”
KNOCKED DOWN (KD) - means that an article must be taken apart, folded or telescoped in such a manner as to
reduce its bulk at lest 33 1/3 percent from its normal shipping cubage when set up or assembled.
KNOCKED DOWN FLAT (KDF) - means that an article must be taken apart, folded or telescoped in such a manner
as to reduce its bulk at least 66 2/3 percent from its normal shipping cubage when set up or assembled.
LESS THAN CONTAINER LOAD (LTL) - means all cargo tendered to carrier not in shipper-loaded/stuffed
containers.
LOADING OR UNLOADING - means the physical placing of cargo into or the physical removal of, cargo from
containers.
MIXED SHIPMENT - means a shipment consisting of articles described in and rated under two or more NRAs.
MOTOR CARRIER - means U.S. Motor Carrier or Motor Carriers.
NEGOTIATED RATE ARRANGEMENT (NRA) - means the written and binding arrangement between
an NRA shipper and eligible NVOCC to provide specific transportation service for a stated cargo quantity,
from origin to destination on and after receipt of the cargo by the Carrier or its agent (originating carrier in
the case of through Transportation).
NESTED - means that three or more different sizes of the article or commodity must be enclosed each smaller piece
within the next larger piece or three or more of the articles must be placed one within the other so that each upper
article will not project above the lower article more than one third of its height.
NESTED SOLID - means that three or more of the articles must be placed one within or upon the other so that the
outer side surfaces of the one above will be in contact with the inner side surfaces of the one below and each upper
article will not project above the next lower article more than one-half inch.
ONE COMMODITY - means any or all of the articles described in any one-NRA.
PACKING - covers the actual placing of cargo into the container as well as the proper stowage and securing thereof
within the container.
PUBLISHING CARRIER - means Universal Cargo Management Inc., a Non-Vessel Operating Common Carrier
(NVOCC) licensed by the U.S. Federal Maritime Commission under FMC Organization No. 010821.
RAIL CARRIER - means U.S. rail carrier or rail carriers.
SHIPMENT - means a quantity of goods, tendered by one consignor on one bill of lading at one origin at one time in
one or more containers for one consignee at one destination.
STUFFING - UNSTUFFING - means the physical placing of cargo into or the physical removal of cargo from
carrier's containers.
UNPACKING - covers the removal of the cargo from the container as well as the removal of all securing material not
constituting a part of the container.
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010821-004:
Amendment: O
Rule 29:
UNIVERSAL CARGO MANAGEMENT INC.. - FMC Tariff No. 004 - Between (US and World)
ABBREVIATIONS, CODES AND SYMBOLS
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
EXPLANATION OF ABBREVIATIONS
A
Ad Val
AI
BF
B/L
BAF
BM
C
Increase
Ad Valorem
All Inclusive
Board Foot or Board Feet
Bill of Lading
Bunker Adjustment Factor
Board Measurement
Change in tariff Item
CAF
CBM, CM or M3
CC
CFS
CFT
CLD
CM
CU
Currency Adjustment Factor
Cubic Meter
Cubic Centimeter
Container Freight Station
Cubic Foot or Cubic Feet
Chilled
Centimeter
Cubic
35
CWT
CY
D
DDC
E
Etc
FAK
FAS
FB
FCL
FEU
FI
FIO
FIOS
FO
FOB
FMC
FR
Ft
GOH
H
HAZ
I
K/D
KDF
Kilos
K/T
LCL or LTL
LS
L/T
M
Max
010821-004:
Amendment No.: O
Rule 30:
Cubic Weight
Container Yard
Door
Destination Delivery Charge
Expiration
Et Cetera
Freight All Kinds
Free Alongside Ship
Flat Bed
Full Container Load
Forty Foot Equivalent Unit
Free In
Free In and Out
Free In, Out and Stowed
Free Out
Free On Board
Federal Maritime Commission
Flat Rack
Feet or Foot
Garment on Hanger
House
Hazardous
New or Initial Tariff Matter
Knocked Down
Knocked Down Flat
Kilograms
Kilo Ton
Less than Container Load
Lumpsum
Long Ton (2240 Lbs)
Measure
Maximum
MBF or MBM
Min
MM
N/A
NRA
NHZ
NOS
OT
P
Pkg
PRC
PRVI
R
RE
R/T
RY
SL&C
Sq. Ft
S/T
SU or S/U
TEU
THC
TRC
USA
USD
VEN
VIZ
VOL
W
W/M
1,000 Feet Board Measure
Minimum
Millimeter
Not Applicable
Negotiated Rate Arrangements
Non-Hazardous
Not otherwise specified
Open Top
Pier
Package or Packages
People's Republic of China
Puerto Rico and U.S. Virgin Islands
Reduction
Reefer / Refrigerated
Revenue Ton
Rail Yard
Shipper's Load and Count
Square Foot or Square Feet
Short Ton (2000 lbs.)
Set Up
Twenty Foot Equivalent Unit
Terminal Handling Charge
Terminal Receiving Charge
United States of America
United States Dollars
Ventilated
Namely
Volume
Weight
Weight/Measure
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UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 1 - Between US and World
Access to Tariff Information
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
This tariff is published on the Internet web site of Universal Cargo Management Inc. at:
http://www.universalcargo.com/Portals/57382/docs/NRA Rules Tariff 004_11-17-2011.doc.
Interested parties should contact Shirley Burke by email at shirley@universalcargo.com concerning access to Carrier’s
tariff. Please refer to the tariff profile or title page for additional contact information.
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010821-004:
Amendment No.: O
Rule 31-200:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 1 - Between US and World
Reserved for Future Use
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Rules 31-200 Reserved for future use.
(RETURN TO TABLE OF CONTENTS)
36
010821-004:
UNIVERSAL CARGO MANAGEMENT INC. - FMC Tariff No. 1 - Between US and World
Amendment No.: O
Rule 201:
NVOCC SERVICE ARRANGEMENT (NSA) ESSENTIAL TERMS (ET)
Effective: 17NOV2011 Thru: NONE Expires: NONE Publish: 17NOV2011
Pursuant to 46 CFR § 531.9 (a), Carrier hereby give public notice in tariff format the following essential terms of each
NSA it has enter into with shippers as on file at the Federal Maritime Commission:
NSA – ET NO.
DURATION
COMMODITY
SCOPE
MQC
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**************
End of Rule Text
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